قاعدة الضرورة تقدر بقدرها والاستثمار التنزيلي المعاصر

Abstract

     The general rules of jurisprudence on which there is unanimous agreement, the observer of jurisprudence and its issues must control them from the point of view of knowledge of them and from the point of view of knowledge of their documents and their strength and how the jurists dealt with them and how to invest them in contemporary developments.

     For this reason, this research attempted to address the issue by stating this rule, its importance, and its basis, and that it is one of the rules that are supported by the principles of the Sharia and its evidence, and the rule to attach needs to the status of necessities, and that there is a great expansion in our time in this part, although Islamic jurisprudence does not indicate this expansion. The rule of necessity is estimated by its measure, then the statement of contemporary downloading investment in the various emerging jurisprudential chapters and issues. The research concluded with a statement that the rule governs the rule of necessities that permits prohibitions, that it is the rule of needs that are not attached to it except with what is related to necessities only, and that there are laws governing the use of the rule of necessity, of which we mentioned ten.

     Among the most important of these rules, commonly used in contemporary fatwas, is the rule of necessity to be estimated according to its measure. It is noted that its use in downloading the facts of the era may be an undisciplined inference.