استخدام العمل بمبدأ الاحتياط في مسائل البيوع والوكالة: دراسة فقهية تحليلة مقارنة

Abstract

All the Jurists school of thoughts accept the principal of precaution. But there are many examples in Islamic jurisprudence that show when some jurists used this principle in some matters, so other jurists left this principle in the same applications. So the question is that which are the examples on base of precaution principal according to Ḥanī Jurists in the chapter of Al- baywūʿ and in the chapter of Al-wakālah? And the second question is that have the other jurists adopted this principle or they left it in the same application? There are third question is that if they did not adopt this principal in these application, so what are their arguments against precaution principal in these application? As for this paper it describes some applications on the base of precaution principal in the chapter of Al-baywūʿ and in the chapter of Al-wakālah adopting comparative, analytical And Jurisprudence methodology. So it describes other jurist’s opinions who left this principal in these applications. Furthermore, it makes comparison in these two opposites opinions in these applications to find the true positions of this principal in Islamic jurisprudence. It concludes that there three examples on the base of precaution principal. It also concludes that the some other jurists left this principal in these applications, but this paper finds that the adaptation of precaution principal in these applications is correct according to Sharīʿah point of view. So after studying this paper we will be able to us this principal in contemporary jurisprudence matters after knowing its true shape in Islamic jurisprudence.