THE INFLUENCE OF UMUMU'L-BELVA ON JUDGMENTS ACCORDING TO SHAFI'I SECT

Abstract

Author(s): Mehmet Selim ASLAN

Islam is the religion of mercy and easiness. This religion has not obliged any other difficulties besides the standard suffering in the matters of individual worship and treatment. Even when it makes a job difficult, Islam has adopt quality as a principle of facilitation and therefore the prevention of trouble and hardship. It is for this reason that, in normal circumstances, general considerations have been taken into account in matters that are legally necessary and that go beyond the habitual and relate to the whole or a majority of the society and the responsibility has either been attenuated or abolished. In this way, people are given the opportunity to practice their worship and see their worldly needs in the face of distress and hardship. Thus, for a person who is faced with a situation that is difficult to avoid in an action that should be taken by him, he or she will be given a way of mitigating or removing it. In the literature of law, the general difficulties and troubles that lead to the relief of religious or legal obligation, or the abolition of it in normal conditions, are expressed in the word umûmü'l-belvâ. According to this, umûmü'l-belvâ is called the difficulties and troubles that everyone can encounter. In this case, umumu'l-belvâ can also be mentioned when a person is involved in a hard work that everyone can encounter. In this study, we will examine whether certain f?khî issues can be assessed within the scope of umûmü'l-belvâ such as whether the Friday prayers can be made in more than one place in the regions where the Shafiites live, whether a fâs?k person would be authorized for marriage and whether the fâs?k can testimony for prenupt. Because, in today’s conditions, if it is insisted that the Friday prayer cen be performed only in one place, that only fair people can be authrized for marriage contract and can testimony, ten people will confront difficulties and troubles. However, if a business transcends the usual limit, it will be facilitated from the legal point of view. Indeed, umûmü'l-belva is accredited for the purpose of abolishing the difficulty and thus providing convenience. Because, if the umem al-belva is not accredited, people will be exposed to trouble and hardship.

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