قاعدة اليمين على نية الحالف إن كان مظلوما و على نية المستحلف إن كان الحالف ظالما : دراسة تأصيلية فقهية

الملخص EN

All praise be to Allah Alone, and peace and blessings be upon the Last of the Prophets, his family and companions, having said.

Fiqhiyyah maxim on oath “Deliberate the Oath (al-Yamin) is effect according to the intention one who takes an oath if he will be unjustly treated but deliberate the oath (al-Yamin) is effect according to the intention the Judge if one who takes an oath will be wrong” is considered one of the well-known rules among scholars in the Chapters of Oaths, so, this research addresses meaning this Rule, its evidences of Shar`i Text (Qura’an and Sunnah) and Mental Evidences, its relation to other jurisprudence rules, and whether it is considered an independent Rule or it is considered an exception to some other rules of jurisprudence.

On other hand, this study explains the status of this Rule among Islamic Scholars, clarify who said it and by giving examples on it.

In addition, this study addresses controls and limits on this Rule based on the jurists’ opinions and according to the points of consensus and disagreement among them.

The adopted approach in the research and study is the inductive approach for collecting the scientific materials and then the deductive approach.