قواعد الاغتفار في التبعية والدوام والابتداء وتطبيقاتها الفقهية

Abstract

This research study aims to investigate the cases where the Sharia tolerates the permissibility of the dependence or the permissibility of the permanence and the survival, or the starting or even the intentionally forbidden means and the implicit permissibility as being a required means to the desired goal of the law and as an achievement for all. The researcher of this study examined and analyzed the concept of absolving or forgiveness and its reasons, incorporating its rules, revealing its indications, clarifying its conditions, uncovering its practices, showing its examples, detailing its different types, indicating its relative regulations, and exploring the most important key points that are urgently needed to know the dimensions of the topic of this study. To achieve all the above mentioned objectives, the researcher raised some questions set forth in the problem statement of the study, foremost of which are: when a forbidden act is legally permissible? And in what way? What regulates such permissibility? And what are the reasons behind that? In this study, the researcher adopted an analytical descriptive method through extrapolating of the views of fundamentalists and scholars with giving some evidence of their views. The researcher has come up with a conclusion that the rules concerning forgiveness realizes the purposes of the Islamic law in justice, kindness to all mankind and easing and relieving them from whatever rules which they overtake either by ignorance or otherwise, as well as overcome the difficulties that encounter them. The rules of Dependence and Permanence and Initialization are numerous forms and even these forms are verbally different but have one meaning in this regard. This study has come up with certain recommendations that further studies in the forgiveness rules should be conducted. The nature of the relationships of these rules with the jurisprudence foundations (Fiqh) and its relevance to the evidence of legislation and its rules should also be investigated. In addition, the rules and regulations of forgiveness and its role in preserving the five imperatives in Islam should be explored.