نوع المستند : المقالة الأصلية
المؤلف
کلية البنات الازهرية بطيبة - جامعة الازهر -الاقصر -مصر
المستخلص
عنوان المقالة [English]
المؤلف [English]
The Research Deals with the Unspecified public Intersests to its Definition and the doctrines of the scholars therein ,and their evidence, and the difference between them ,It has been proven by evidence that the difference between the scholars in taking the Unspecified public interest is a theoretical difference in Terms of Terminology, The Consideration of The Interests Sent Is Included in all the schools of thoughts with a difference in the ratio of the work to them but the virtual doctrine that adheres to what is stibulated .The Saying of the Authority of the interests of correspondence is the most correct view that evidence is witnessed by the righteous Salaf of the Companions and Followers and The Imams of Ijtihad in The Different Ages
The Importance of this subject is as follows :
Its Related to The Purposes of Islamic Law in Addition to the fact that the interests transmitted are a source of legal evidence considered in many matters of jurisprudence , and that the provisions and laws change constantly , which makes the work of the Unspecified public interests transmitted principles in Islamic jurisprudence in keeping with modern developments .
The Results Of The Research are That the Unspecified public Interests are Included in Other Transactions ,In General or in Particular and that they must be followed by adherence to their Rules Since They are Evidence Related to The Purposes Of Shareeʼah and It Is Not Possible that There is A Conflict Between Shareeʼah and Interest , That not reasonable for the legislator to terminate what he is seeking whether it is his interest or not and not to dictate what is wrong with him or his successor .