القاعدة الفقهية : "إذا تولد من فعل مضمون و مهدر سقط ما يقابل المهدر و اعتبر ما يقابل المضمون" : مفهومها و ضوابطها الفقهية و تطبيقاتها المعاصرة

الملخص EN

This research investigates the legal rule " If guaranteed and Lost were generated from an action, lost will be discarded, guaranteed will be considered" aiming at explaining it, to what extent scholars have consulted it, controls for applying it, its legal and contemporary applications, and its exceptions.

In the present study, the rule in question, general controls for applying it, ways of applying it in terms of jurisprudence and reality have been identified.

Amongst the results of the current research we find that although scholars differ in applying the rule in question, it is still can be applied in the light of the controls and conditions they stipulated for applying it.

The study recommends the rule to be studied in subjects of jurisprudence of worship, transactions, personal status, penalties, etc.

This is in order for stipulating specific conditions for each one of these subjects.