قاعدة " المشقة تجلب التيسير" في الفقه الإسلامي وتطبيقاتها المعاصرة في العبادات لدي فقهاء الإباضية : دراسة تحليلية

Abstract

This thesis seeks to use the main rule, ‘difficulty brings facility’ to apply a new approach to many issues related to Islamic worship jurisprudence. It consists of a preliminary chapter and three aspects. The first aspect consists of four chapters; the first chapter focuses on definitions, sources and deduction of jurisprudential rules ‘qawa'id fiqhiyyah’. The second chapter discusses sources and evidence of the rule: ‘difficulty brings facility’. The third chapter explains the terms used in the rule: ‘difficulty’, ‘brings’, and ‘facility’, while the last chapter consists of rules extrapolated from the main rule ‘difficulty brings facility’. The second aspect focuses on the impact of this rule on Ibadhi jurisprudence. It consists of three chapters; the first provides a short definition of Ibadhi jurisprudence, the second focuses on using the rule in Ibadhi references while the last chapter reviews the opinions of Ibadhi scholars related to the rule. The last aspect focuses on contemporary applications of the rule in worship jurisprudence. It consists of three chapters; the first is on contemporary issues related to taharah (purity), prayer and Jana'iz, the second is on contemporary issues related to zakat and siyam; while the last is on contemporary issues related to ×aj, Ayman, food and drinks. The researcher used the indicative, descriptive, analytical and comparative critical methodologies. The most important findings are appropriateness of the rule ‘difficulty brings facility’ and rules extrapolated from jurisprudence evidence. In addition, the researcher confirms the use of this rule by Ibadhi scholars and thus, this thesis provides a new approach regarding many contemporary issues in worship jurisprudence.