The effect of legal necessity on the validity of Tawaf al-Ifadah for menstruating women -Comparative jurisprudence study-

Abstract

This research is concerned with the statement of the impact of the legal necessity on the validity of worship of its invalidity, specifically Tawaf Al-Ifadah for menstruating women, and the importance of the research lies in highlighting the ease of the provisions of Islamic Sharia and their observance of the conditions of the different servants and their achievement of their multiple interests and the problem of research is that menstruating women are forced to circumambulate with menstruation because they cannot stay in Mecca until they are purified and circumambulated.

The nature of the research required that it include: an introduction, two sections, and a conclusion that summarized the most important results of the research and its recommendations. The first section included a statement of the concept of legitimate necessity, and a statement of its evidence, and controls. The second included a detailed statement of the issue of Tawaf al-Ifadah for menstruating women, editing the subject of dispute, explaining the statements of jurists on the issue, mentioning the evidence of the authors of each saying, discussing it and weighting between the sayings.

The research concluded with results, including: a statement of the consideration of the legal necessity in the texts of the Qur'an and Sunnah, and the street control it with jurisprudential controls that prevent violating the purposes of Islamic law, guarantee Muslims their rights, and oblige the compelled to provide the mildest damage to the most severe when conflicting. It is more likely to say that Tawaf al-Ifadah is valid for menstruating women who are obliged to do so, and they do not have to have blood, because they agree with the principles of Islamic law, its legal purposes, and its jurisprudential rules.