Article Title

نظرية التعسف وعلاقتها بأصل المصالح والمصلحة المرسلة The Theory of Arbitrariness and its Relationship to the Origin of the Interests and the Sending Interest

Authors

Mohammad Isa’af Shtyaat, -Follow

Abstract

This study deals with the extent to which the abuse theory of rights relates to the use of the right in different interests and in unspecified public interests, as specific, in terms of the provisions, rights and allowable acts, if it leads to damage or fate not approved by the lawmaker, which leads to lose and prevent its legitimacy, and then is to turn the origin rule to a new one.

The abuse theory takes its idea from the right of justice and the principle of the interest as well as the motive for behavior. And shares with the unspecified public interests in the evidences of consideration, especially the rule of no injury, no harming, and the rule of Prohibition of what may lead to committing sins, that are based on the balance between interests and evil in terms of achieving the damage or not.

Recommended Citation

Shtyaat, Mohammad Isa’af (2020) "نظرية التعسف وعلاقتها بأصل المصالح والمصلحة المرسلة The Theory of Arbitrariness and its Relationship to the Origin of the Interests and the Sending Interest," Jordan Journal of Islamic Studies: Vol. 16: Iss. 1, Article 18.
Available at: https://digitalcommons.aaru.edu.jo/jois/vol16/iss1/18