تخريج الفروع على الفروع و أثره في المستجدات الفقهية

الملخص EN

This research aims at founding a type of juristic reasoning called precedential-oriented legal characterization (Takhreej), which is: «to reproduce the characterization of a legal precedent upon its assimilated rising issues», in addition to exploring its impact on jurisprudential developments.

The research has been divided into an introduction, four themes, and a conclusion.

The first theme is devoted to explaining the concept of this kind of reasoning, the second theme examines its origins and its applied principles in the jurisprudential heritage, the third theme draws on its sources, verdicts and regulations, and the fourth theme reveals its role in development of jurisprudential disciplines.

As for the conclusion, it includes the obtained results.

The most important of these is that this kind of juristic orientation has authentic sources that are considered as the references from which they are extracted, such as the script of the Imam, his deeds, and his reports.

Therefore, saying that it is permissible or prohibited is not conclusive.

However, each juristic orientation is considered separately, and based on the extent to which conditions are fulfilled.