Jurisprudence Provisions of Granting Licenses in Disobedience Travel Cases: Contrastive Study
Keywords:
Jurisprudence Provisions, Disobedience Travel, Provisions of Granting LicensesAbstract
Praise be to God, prayer and peace be upon the Messenger of Allah, his
family, and followers.
Islamic Sharia is characterized by its ease of eliminating embarrassment
and hardship for Muslims with respect of several legislations, worship in
particular, so that it becomes valid for every time and place, flexible to
meet the sophisticated growth of demands and interests of people under
all circumstances. To achieve this goal, licenses related to travel and other
field of Sharia and many of its provisions imposed on Muslims are given
by Almighty God. Evidences, texts and events collectively recognize this
principle, and urge Muslims to use and consolidate its rule. Jurists set rules
to serve this purpose. These lenient measures could be in worship practices as
cancellation of fasting (permission not to fast) for travelers, or in exceptional
cases related to manufacturing agreements or other aspects.
The question arises whether the sinner in his travel could gain or benefit
from these licenses or not? This is what the researcher intends to clarify in
his research which is divided into three parts: The first part deals with the
meaning of the license and its divisions and causes. The second part explains
the essence and types of travel. The third part examines provisions of granting
licenses for disobedience in their travel, and presents some controversial
jurisprudence matters or cases that scholars have adopted with regard to
their legitimate licenses. The researcher has come up with some conclusions
and recommendations.
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