Secondary rules, the reality and philosophy of their legislation

Abstract

The reality of these rulings goes back to the primary rulings, which were legislated by the Lawgiver according to the interests and corruptions inherent in their subjects, without observing the exceptional cases that occurred to the taxpayer due to hardship, hardship, harm, and compulsion. And harm..etc., and the nature of the secondary titles is not fixed and its existence is dependent on the contingent title, so it is more general than the license due to its competence to permit the duty or to include the secondary fact to change the ruling to another when secondary motives require it, such as its permissibility, obligation, or the lifting of a positive ruling, and in such cases The primary ruling in which the primary heading is placed is negated, and the secondary ruling replaces it.

The secondary rulings are rulings that are made of the primary rulings, as they are not independent, and being variable rulings, and the constant is the primary ruling, so their occurrence is in the length of the primary rulings, not in their breadth, and the philosophy of enacting these rulings is based on the interest and the accidental harm, unlike the primary rulings in which the interest and the harm are Permanent and valid for all times and places. Likewise, the enactment of these rulings is due to the wisdom of the legislation, because the basis of the enactment of each of the rulings is due to the reason for the ruling, and we do not realize this reason. Because its knowledge is with God Almighty, and what we know is the wisdom of enacting these provisions. The secondary angels are (gratitude) from the Lord Almighty for an act of worship to remove the causes of its emergence, such as compulsion, hardship, severe embarrassment, coercion, etc.