في فقه الموازنات: أسباب اختلاف الفقهاء في تنزيل قاعدة ارتكاب أخفِّ الضَّررين على الوقائع

Abstract

This study aimed at deducing the reasons of Islamic scholars' disagreements about applying the fiqhi maxim (doing the less harming wrong act when two of which contradict) on the cases. The researcher deduced five general causes for such a matter. 1) The disagreement of considering the maxim when there are a holy text preventing from commeting what appeares to be the less harming act. 2) The disagreement of determining which of the two wrong acts is less harming. 3) The disagreement of deciding the possibility of the occurance of what is considered the graeter harming act. 4) The disagreement of whether is it necessary to do one of the two wrong acts to avoid the other. 5) The disagreement of considering the legetmacy of the cuase that led to the situation of being obliged to do one of the two wrong acts.