ترك المشروع إذا صار شعارًا للمبتدعة - دراسة تأصيلية استقرائية تطبيقية

Abstract

The research edits the saying about one of the issues of the principles of Islamic jurisprudence in the conception of the legal Islamic ruling، which has been rarely studied by the scholars of principles of Islamic jurisprudence, which is to abandon a legal Islamic act when it becomes a slogan for the innovators, it presents a well establish and inductive treatment of it, and explains the jurisprudential effects related to it، with the concern to establish and to show in detail the issues outlined from the words of the scholars. The opinion came to the conclusion that a legal Islamic act should not be abandon for merely being a slogan of the innovators; for the required interest, but it may need to be abandon in some circumstances for the sake of a harm that outweighs the good interest of the act. thus, it does not remain legal (in Islam), rather leaving it would be considered a legal act,  but this remains a transient matter that does not implies making the legal,  illegal at all times and circumstances, the research also chose a number of jurisprudential extractions,  and investigated their conclusions on the issue. Keywords: the legal Islamic ruling – abandoning the preferable – signs of the innovators.