قاعدة "الأصل براءة الذمة" و تطبيقاتها و آثارها في الفقه الإسلامي و القوانين الوضعية

الملخص EN

This research started from the following problem: What are the jurisprudential and legal foundations on which the principle of "The acquittal rule" is based, and what are its jurisprudential and legal applications? Among its objectives is to define what is meant by this rule and to clarify the jurisprudential and legal origin of it, as well as to clarify the jurisprudential and legal branches that fall within it and to list some of its applications in jurisprudential and secular rulings.

The descriptive and analytical approach is adopted.

The findings have revealed that acquittal from basic rights ensured by Sharia and law, and it is the origin; and whoever claims otherwise are obliged to provide evidence.

Among the recommendations: supporting contemporary jurisprudential and legal rulings with the basic principles of governance by stating the rule or the text, which enhances confidence in the provisions and their issuers