أثر الاستحسان في إيجاد البديل الفقهي المعاصر

Abstract

This paper aims to explain the relation between the fundamental principle of juristic preference equity and the juristic contemporary substitute , so we have showed the role of equity in finding and légalising this juristic contemporary substitute ,and explained the link between equity and the principles of different juristic substitutes especially contemporary ones. In the end of our study we found that equity plays an important role and a deep effect in legalising of many contemporary substitutes which improve softness and flexibility of Islamic law that’s one of the most tolerant and merciful laws ever.