Precautionary principal and itsapplications withinSheikh Mohamed Bay Bin Omar Al-Kounti

Abstract

This research aims to examine the rule of precautionary measure Ihtiyyat within Kunti Bay’s heritage. As it aims to display the features of this rule, by looking to its constituents, conditions and intents that are spread in the heritage of Kunit Bay. This research uses descriptive and analytical method, through a comprehensive induction of the use of Bay of the precautionary measure Ihtiyyat. Muslim scholars consider precautionary measure as one of the fundamentals of Islamic law Shariah, as they use it as an argument and evidence. This research scrutinizes the use of the precautionary measure rule within this Maghrebian Maliki scholar heritage, because his school of law is considered to be the most likely to apply this kind of rule. This research found that Kunti Bay relays on the precautionary measure in his selected opinions. Precautionary measure is important to him in the process of opinion selection to the point that he uses the rule against the well-known opinions of the Maliki School. In addition, this research shows that precautionary measure within the use of Kunti Bay has two features, the first is the strength of the doubt shubha and the second is to refer to a sound origin. Moreover, this research indicates that the intents of Kunti Bay in using precautionary measure are four. Firstly, seeking religious safety, secondly discharging responsibility, thirdly referring to certainty and lastly avoiding scholars’ disagreements. Besides, this research also concludes that Kunti bay provides three conditions to the precautionary measure in his use, first avoiding putting people in cases of discomfort. Second, not to cause disturbance to the public order and third, not to cause confusion for lay people.