قاعده احتياط از ديدگاه فقهاء و اصوليين مذاهب پنجگانه اسلامي

Prudence Principle from Jurisprudence Point of riew

Since care is expressive or reality, it is regarded as"Amarat:f(whatever proves its subject, it is not reaching certainty and is reputable by the holy divine law-maker). In initial doubts, from divine viewpoint, the principle of "Bara-at" is executed. But in wisdom it is different. Care in every where and in all conditions, if it is not opposed to system is preferable and popular. Considering the definition of care, the rule of care is as follows: 1.Doubt with certainty (Ejmali science) 2.Hesitating in doing an action and leaving others 3.Uncertainty in achieving the aim 4.lnitial doubts before researching Of course five theories are given in "contrasting" (Motabayenain). And the popular idea of "Ussulis(followers of the science of ussul) is that the permitted principle in reality is current in all or some of the Ejmali science. But in appearance they believe that the permitted principle is not prevalent. So Ejmali science does not compel us in performing the fallowings: A: Where real or quasi-real and non-surrounded doubt is disbanded. B: Non-surrounded doubt C: Some kinds of Ejmali science connected with gradual action, D: Emergencies around it E: Action not in the limits of oneʹs behaviors F: In certain assumption of contact of some parts of Ejmali science with another object. In max and min of the "Esteqlali" according to the "Ussulis", the principle ofBara-at" is current and in max and min of "Ertebati" in parts and conditions and also in doubts between determination and delay, the popular, "ussulis" believe that the principle of "Bara-at" is prevalent.