Legal tricks and their objectives

Abstract

Praise be to God, Lord of the worlds, and the best blessings and peace be upon our master Muhammad and his good and pure family, and peace be upon him.

As for after:

The trick or the tricks are considered one of the matters related to the new contemporary jurisprudential rulings, as Prince Al-San’ani (may God have mercy on him) said: It is a word that has two meanings, considering the reality. He said, a trick that requires achieving the intention of the law and saving what it wants, such as ridding the oppressed from the hand of the oppressor by turning to that, helping religion, relieving the anxious, and nullifying falsehood. And fulfilling the right. Every trick that a person uses to prevent injustice from himself, a Muslim, or a covenant, or to fulfill a right or ward off an invalidity, is one of the most beneficial and righteous ways of goodness.

And tricks are a phrase of tricks, which are cleverness and good vision, and what is meant here is what is a legitimate savior for someone who is afflicted with a religious incident, and because the savior from this cannot be realized except through cleverness and good eyesight, the word trick is given to it.

The tricks are divided into three sections:

Forbidden tricks, permissible tricks, and different tricks. There are two directions that scholars have taken in their division of tricks

The first direction: dividing it based on the goal achieved by the trick. The second direction: dividing it based on the goal and the means that lead to this goal.

The scholars differed regarding the ruling on the third category of tricks that we mentioned, based on two opinions:

The first opinion: prohibiting tricks, which is the opinion of the Malikis and Hanbalis. The second opinion: The permissibility of tricks, which is the opinion of the Hanafi, Shafi’i, Imami and Zahiri schools. The reason for the difference between them is their difference from the people of Muqtabbar regarding the forms, wording, or meanings of contracts.