التطبيقات العملية بمبدأ الاحتياط في مسائل الطلاق ومتعلقاته عند الحنفية مقارنة بالمذاهب الفقهية: دراسة فقهية تحليلية مقارنة

Applications of the Precaution in the chapter of Divorce and Its Related Matters according To Ḥanfī Jurists Compared to Other Schools of Jurisprudence: A Comparative, Analytical and Jurisprudence Study

Abstract

There are some divorce matters were described on the base of precaution principle according to Ḥanfī jurists. But some other school of thought did not used it in the same applications even they also accept this principle.  As for this paper, it describes the position of this principle in these applications and it also searches for the opinions of the other school of thoughts in these applications. The method used for the research was comparative, analytical and Jurisprudence Study. After studying this paper we concluded that there are six applications on the base of precaution in this chapter according to Ḥanfī jurists. We also founded other jurist’s opinion in these applications with their arguments. As well as we also founded the most correct opinions in these applications after making comparison between them. So by studying this paper, we will be able to know the position of this principle in these applications and we will also be able to use this principle in contemporary Islamic jurisprudences matters.

Keywords: Precautionary, Divorce, Islamic jurisprudence, Ḥanfī