The Contemporary Islam Jurists' Approach in Dealing with the “Exceptional Circumstances Theory”: Analysis and Criticism

This research aims to answer the question: Does the approach to reestablish the above-mentioned theory on the applications of ancient jurists sound true in its basics and consequences? The research followed inductive and analytic approach. The research is characterized as the first search in the contemporary Islam jurists' approach in the subject, and it involved analysis and criticism of that approach that was not used earlier. The search was divided into eight sections: dealing with the definition of the theory, contemporary Islam jurists approach, and criticism of some of its aspects. The research arrived at different findings such as the insufficiency of the approach to reestablish on the applications of ancient jurists to meet new developments or to achieve justice in the field of the theory. Reestablishment of the theory on the ancient implementation of “wad’a al jawwaih” is not based on appropriate principles.  The theory should be deeply rooted with all its provisions in the nature of the right in Islamic jurisprudence, which itself is based on justice and true interest.