In ıslamic jurisprudence the field thet don't have been it's judgment

This thesis is a study of human law system during the application of law whenconfronted with the missing of law in Islamic jurisprudence system.In Islamic jurisprudence system the ?maskut anh? is accepted by majority as aninterpretation and legal area in the Kuranic texts and Sunna. To gather with this, it is nottrue to say that this field is suited with the human law system completely. Because theIslamic jurisprudence which knows every thing in doctrinal meaning is different fromthe human law which is law of the human volition, it will not be a good thing tocompare two different things with each other.It is written in the ?hadish like thit? the lawful things are obvious in Islam and soare the illicit. The judgment of the things between them is determined by the experts ofthe subject. Those which are nearly illicit are called illegitimate. If they are far fromboth sides, it is better to keep far from them and the problem should be cleared.Key words: Islamic jurisprudence, Human law, emptiness of law, maskut anh,Ibaha (permissibility), interpretation.