رفع المشقة في الإسلام في ضوء مقاصد الشريعة والقواعد الفقهية
In this article, an investigation was conducted on the removal of hardship from the taxpayer in Islamic law in the light of the purposes of Sharia and jurisprudential rules, and the methodology of the research is librarian. Three sections: the first: potential normal hardship. The second: moderate hardship. Third: Unbearable hardship.
The jurists agreed that assignment is often accompanied by three types of hardship: The first: great hardship. The second: weak hardship. The third: moderate hardship between the two levels, which includes hardship that the taxpayer cannot bear or hardship that he can bear but is outside the religious and worldly norm, i.e. hardship in which the assignment is in excess of what is required and commanded, and which causes its owner to become bored and boredom and confuses his mind and misses his interests and benefits in religion. In the world, the wisdom of warding off extraordinary hardships is summed up in taking into account the weakness of the one who is obligated and endearing worship to him, and the fear of being cut off from the obligation or hating it. A: Fear of negligence when competing costs related to the taxpayer.
Keywords: Hardship, Assignment, Purposes, Jurisprudential Rules, Legislation.
Mirwais Stanakzi, Assistant Professor, Department of Islamic Culture, Faculty of Sharia Syed Jamaluddin Al-Afghani, University, Kunar – AFGHANISTAN
Mawlavi Rustam, Assistant Professor, Department of Islamic Culture, Sharia Faculty – Nangarhar University – AFGHANISTAN
Khan Muhammad KHADR KHEL, Assistant Professor, Department of Doctrine and Philosophy, Sharia Faculty – Nangarhar University – AFGHANISTAN