SIGNIFICANT OF NEHY'S FESADA IN TERMS OF ISLAMIC LAW

Abstract

In terms of Islamic law, it is an important issue that prohibition indicates corruption. For a Muslim
who takes the divine will as his basis, the fact that something is halal or haram is related to this
phenomenon.The idea of Procedural Fiqh and Procedural Religion called “Asleyn” draws a horizon
for Muslims with a process that frames the theory.In the context of legal terminology, the
expressions of prohibition in the book and the sunnah, which are the main sources of the religion of
Islam, express refraining from a job, while wickedness requires that a worship or a legal transaction
be null and void due to the lack or defect in its qualifications and conditions.The similarities and
differences between these two concepts have been discussed by Islamic scholars and have caused
long discussions, and they have been among the concepts that have been on the agenda especially
by Islamic jurists.In this study, we tried to examine the issue of prohibition in terms of Islamic law,
considering that the issues of order, prohibition, mischief, butlan and health are quite functional and
need to be synthesized with a deep philosophical discussion by the method of kalam and fiqh.By considering the fact that the essence of something is originally, naturally or both, we have put
forward the fact that it is addressed to the nehye and the provision of the expression of prohibition,
together with the intellectual justifications among the sects.While doing our study, we examined the
subject by using the text analysis method of the qualitative method from the perspective of Islamic
legal methodology.