The Purposes of Legitimate Licenses
DOI:
https://doi.org/10.37376/asj.vi4.2708Keywords:
Purposes, Licenses, Licensing, Care, Mitigation, Facilitation, Critical.Abstract
Sharia licenses are an exception to the original ruling, because the intention is a preliminary rule, and the license is an exceptional rule, but in order for the legitimate licenses to be entered correctly and for their purposes and objectives, and to be educated with the intent of the street, the licenses must have reasons as well as their conditions and controls, all because the legitimate licenses It is a departure from the original ruling, and legal licenses have types, including real, figurative, obligatory, delegated, and contrary to the first, except that all of them share in mitigating and facilitating the taxpayers, paying hardship and removing embarrassment from them, as well as legal licenses being provisions that have their purposes, goals and interests that came to achieve them. The same is the case with the original rulings, which is the will, because in taking legal licenses when their reasons, conditions and controls are available, the intention of the legislator is successful and in not taking them. With legitimate licenses in order to achieve the purposes of Sharia and on the path of preserving the intent of the street, because the licensing protects the necessities, just as the licensing achieves general and specific purposes, but it must be balanced with It does not take it away from its purposes, goals and objectives, and dispels the purposes of the original rulings, emptying them of their interests in the whole. Therefore, the mujtahid and the responsible alike had to balance between preserving the purposes of the wills, because they were prescribed in the beginning, and the purposes of the legitimate licenses, as they were legislated by exception, so there is neither exaggeration nor negligence.
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