The Deterrent and its Jurisprudential and Regulatory Applications - an Applied Fundamentalist Study

Abstract

The science of fundamentals of jurisprudence is one of the most important sciences that must be cared for, regulated and mastered. It is sufficient to explain its importance that scholars regard it as one of the conditions of ijtihad. Studying the science of fundamentals of jurisprudence requires elucidating the fundamentalist rules with applications that clarify their correct conception.

One of the important chapters that scholars of fundamentals of jurisprudence have taken care of in their books is the chapter of the Sharia ruling. They have divided the Sharia ruling into: a binding ruling and a situational ruling. In addition, they have stated sections for each of them. One of the most important sections of the situational ruling is (the deterrent), due to its great impact on the Sharia rulings, because God Almighty made the Sharia ruling arranged according to its causes, conditions, pillars and the absence of its obstacles. The Sharia ruling may be complete in its causes, conditions, pillars and obligations, but an obstacle may arise and affect this ruling.

This research came to shed light on this section of the situational rulings due to its importance, and to show its impact on the legal and regulatory rulings, in an attempt to facilitate the study of the science of fundamentals and to bring closer the understanding of its rules, through an analytical approach in the study of fundamentals and linking them to the branches of jurisprudence and systems in a research I called "The deterrent and its jurisprudential and regulatory applications - an applied Fundamentalist study". Among the results that were reached is: that the deterrent has an impact on the systems, as the deterrent regulates the competence to consider cases according to the specified controls.