CONFLICT OF CORRUPTIONS: AN EMPIRICAL FUNDAMENTAL STUDY

Abstract

The rules of the Jurisprudence are considered as one of the important tools in the contemporary jurisprudence research since they can be utilized to produce jurisprudence judgments on the current emerging issues by attaching the minor to the major issues. However, one of the problems facing researchers; is the conflict of the rules under the one branch of jurisprudence; which needs higher tools to dispel its confusion, by recognizing the principle and the exception. This can be only achieved through the frequent application of the rules to the branches such as the rule of cohesion of the corruptions; which is not possible to fend off all of them. Hence, the Islamic Sharia in terms of its general principle came to fend off the corruptions and reduce them. But in case of cohesion of corruptions as in the case of the coronavirus pandemic, where the scholars were facing exceptional situations, weighing between contending corruptions to fend off the highest one by committing the lowest one. Thus, this rule had a great presence in the fatwas related to the pandemic such as the matter of closing mosques; to limit the spread of the pandemic, and it was understood after weighing the corruptions; that closing mosques and imposing constraints on frequenting it falls within the context of this important rule, by committing the corruption of closure mosques to fend off the highest corruption related to an important general principle which is the protection of life. This has been done in accordance with the application of the scholars’ criteria to weigh between corruptions in the case of their cohesion; as model can be utilized in weighing related to other issues that has been produced by the pandemic.