ضوابط قاعدة عموم البلوى و أثرها في الفتوى

Abstract

The researcher in this study intended to highlight the impact of utilization of the conditions of Universality of Affliction Rule in production of Fatwa referring them to Islamic jurisprudence during the projection from feature of the best Approach of assimilation method which makes it easier for Mufti to access to the Islamic provisions Law that achieve the lawmaker intention، that's through trying to establish the basis and define its boundaries and concept and to note all the reasons for it. The present study focused on the work of the Mufti with Universality of Affliction Rule through the right understanding of the causes and the realization of controls in order to distinguish between the situation must be require because being case of Universality of Affliction Rule، and the situation where the conditions are not met which shouldn't neglect so that they don't relent in judging it as itleads to a miscarriage of Islamic provisions،so that the answer gets the main problem that the researcher presents،what are the basis on using the Universality of Affliction Rule as a cause of extenuation and what are it impact on the Fatwa. The research concluded that the Universality of Affliction Rule is an Islamic Basis of extenuation that it's branched out of the hardship rule that brings facilitation and it governed by a range of reasons and it's widespread throughout the Islamic jurisprudence،however، this is not enough to judge extenuate، only after they are controlled by their wrinkles from bad use، this is reflected in the distinction between Fatwa that have relied on basis and have neglected controls and Fatwa that have observed controls، whereas the first was characterized by anomaly and disorder، however the second by discipline and integrity against apparent objections.