قواعد الترجيح عند الأصوليين و تطبيقاتها الفقهية

الملخص EN

Rules of Preference for fundamentalists and their jurisprudential applications

The research aims to reveal the importance and effectiveness of the preference rules in fulfilling the legislative need when conflicting evidence, and in the formation of the overall practical mentality, and to demonstrate the extent to which fundamentalists rely on and confirming it in the fatwa and judiciary so as not to leave the preponderant with selection of the preferred.

It also aims to indicate the role of preference in matters of practical life as a choice of the wife, the profession, the head of state, the house and other things that we have only the right preference to stay away from random choices, especially with the large number calamities and issues that were not typical in the early ages.

I followed the inductive analytical approach based on clarifying the rules of preference, determining its activation rules, pointing out their importance and impact in contemporary reality, extrapolating their texts, and their formulas to fundamentalists, with reference to some examples of their applications for Jurists.

It emerged from the results of the research: that the knowledge of the provisions of God-the Almighty- is not true only if known rules of preference and other fundamentalists issues as the lack of knowledge of it makes (the official advisor) unable to judge the new incidents and ignoring of them may make him wrong, And that the knowledge of the rules of preference gives the Islamic law flexibility and validity for all phases of life, no matter how many inventions there are and that Islamic preference is an act of the most devoted and an act of his work that can't be achieved except only by him and it is only existed between the two conflicting evidence on the opinion of the majority of scholars and not between peremptory evidence, nor between Definitive and assuming evidence and be when not working with them together.

If it is possible to do this even from some points of view, using them becomes necessary.

There using the preferable between the two evidence and leaving evidence of acting with the unpreferred.

Preference may be existed by the majority of narrators, and the text and the meaning of the word and as an external object.

And The most important recommendations: The work of an encyclopedia of the rules of preference that includes the original applied studies, and the need to link them with branches of Islamic jurisprudence.