Rule Necessity Permits Prohibitions and its Jurisprudential Applications in the Fatwas of Ibn Siraj al-Andalusi

Abstract

The principle of necessity permits prohibitions and its jurisprudential applications in the fatwas of Judge Ibn Siraj al-Andalusi (d. 848 AH). This research examines the principle theoretically، explains its evidence، extrapolates its jurisprudential applications in Ibn Siraj's fatwas، and compiles and organizes them. The research problem lies in answering the following question: What is the meaning of the principle? What are its jurisprudential applications in Ibn Siraj's fatwas? The research is divided into an introduction، two chapters، and a conclusion. In the introduction، I explain the importance of the topic، the reasons for choosing it، its problematic aspects، previous studies on it، and the methodology used in writing it. I devote the first chapter to the theoretical aspect of studying the meaning of the principle، presenting its evidence، and the conditions for applying it. I devote the second chapter to the application of the principle in Ibn Siraj's fatwas. Conclusion: The study contains a number of findings، including that applications of this rule have been found in transactional matters such as partnerships، leasing، and similar matters. The judge also used it as evidence of its permissibility in the case of a partnership involving silkworms، in the return of a qirat for a small dirham، and in the leasing of a ship for an unknown portion of its cargo.