Legitimate licenses in helping the oppressed

Fawaz Ghazi Al-Otaibi and Wa'el Mohammad Arabiat
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Fawaz Ghazi Al-Otaibi: University of Jordan, Amman, Jordan Author-Orchid id: https://orcid.org/0000-0001-9330-4377
Wa'el Mohammad Arabiat: The World Islamic Sciences and Education University, Jordan

Journal of Social Sciences (COES&RJ-JSS), 2020, vol. 9, issue 3, 733-771

Abstract: The license in the Sharia (Islamic Laws) is what Almighty God has prescribed from the provisions except for a general original ruling and the intention is to reduce and facilitate the servants in special cases that require mitigation, and helping the oppressed is a legitimate duty. The study aims to clarify among the cases in which he is authorized to abandon the duty of helping and the cases which he is authorized to allow the prohibitions for helping the oppressed. The research dealt the concept of the legitimate license and its sections and reasons. It was found that the license is divided into an abandonment license, such as leaving the duty when excusing and deed license such as permitting the prohibited deed. On this basis, the licenses were mentioned in helping. Then the research dealt with helping the oppressed, which is a duty. Among the cases in which he is authorized to abandon the duty of helping. The research dealt with cases in which he is authorized to allow the prohibitions for helping the oppressed. The study concluded to the most prominent results that are helping the oppressed is a collective duty on the believers, and it is necessary in two cases. The first is on the Sultan (ruler) and his representative. The second is on whoever can help if he is alone if there is no one to help him other than the authority and likeness of it. He is authorized to abandon the help in some cases, which are the inability, harm, and interest. The prohibitions that are permissible to use for helping the oppressed are satire in the poetry of the aggressor, whether it is from Muslims or non-Muslims, use lying to prevent injustice from the oppressed, and transfer the words from one person to another for the sake of benefit or prevent corruption.

Keywords: licenses; helping the oppressed; Islamic Fiqh (jurisprudence) (search for similar items in EconPapers)
Date: 2020
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