The Statement of Jurisprudential Bases Effective in the Adjustment of the Negation of Distress and Constriction Decree on the Jurisprudential Issues of Family

The main application of the negation of distress and constriction decree is in the jurisprudential issues of family including divorce, abortion, and custody by couple, sexual relationship and adoption. This decree illustrates that Allah has not determined any difficult ruling and as a secondary rule, it states that some religious decrees are not considered to be the responsibility of obliged people in case they are difficult. Some elements have challenged the adjustment of this decree to its applicability. In many cases, it is observed that some jurisprudents and jurists eliminate the primary decree and in spite of the willpower of couple, they issue the divorce while some are against this act. Furthermore, in judicial courts, sometimes it is issued various verdicts in similar cases referring to this decree. The discrepancy related to the adjustment of this decree is due to the divergence in the jurisprudential bases of this decree. In this research, it has been investigated the jurisprudential bases effective on the fulfillment of this decree and it has been confirmed that distress is practical and personal including physical and spiritual. The criterion for the identification of distress realization is norm via regarding the individual and social status of obliged person. This decree includes the existential as well as obligatory decrees (essential and recommended issues) and the ones related to the others’ rights considering its importance. This decree is related to the present distress and not the distress related to the past.