قاعدة : (الاستثناء مما لا حصر فيه: معيار العموم)‎ : تأصيل و تطبيق على بعض آي الكتاب الحكيم

الملخص EN

The present research paper attempts to study the rule stating that "exception to non-restrictive provisions is the general criterion" through investigating its concept, its restrictions, and some selected cases of its implementation.

It concludes with some findings, such as the following: Exception refers to excluding some aspect of the utterance meaning by using the Arabic particle of exception, ˀillā (except), or any other equivalent particle.

A general term is a single utterance which could, through one of its aspects, refer to two things or more.

A Criterion is the tool against which an item is tested.

Here, it is a means that tests whether an utterance is generic in sense, demonstrating that the structural significance of the rule shows that the validity of exception in a non-restrictive item is due to the exception itself.

There is a difference between the permissibility of an exception and the occurrence of an exception.

The permissibility of exception is the criterion allowing the permissibility of generalization; the exception itself proves the rule of generalization.

It has been shown that scholars have many formulations of this rule; the first rule in use is that exception is a piece of evidence for generality.

The first applicable rule is that exception is the criterion of generalization.

It turns out that the evidence of the rule is linguistically based and that it relies on both reason and revelation.

The study concludes that there are five conditions that the rule must meet.

These are: the exception must involve an indispensable element which could have been likely or certainly considered part of the original rule to which exception is made.

The excluded item must be an utterance whose nature is virtually general.

The exception must be made to one item that is incorporated in the utterance meaning and must not be made to a general item that involves some parts therein.

The exception must be complete and must be made to items that are within its concept.

The study also highlights the fact that this rule is of considerable significance and that it is attributed to the view maintaining that general statements really denote generalization but they may metaphorically refer to particularization.

The true exception can be employed to pinpoint forms of generalization.

The study recommends that painstaking efforts must be exerted to reflect the criteria for judging utterances and words as well as the historical cognitive development of the forms of the fundamental rules.

In practice, it recommends that there should be some practical projects to apply the rule under study to texts of the Qur'an and the Sunnah.