إمكانية انعقاد الإجماع قديما و حديثا و الأثر المترتب عليه : دراسة أصولية

الملخص EN

It is known that the science of jurisprudence is: knowledge of the evidence of jurisprudence in general, how to benefit from them and the condition of the beneficiary, and that its subject - according to the most correct opinion - is: Sharia evidence in terms of its proof of rulings, and Sharia rulings in terms of evidence.

Undoubtedly, scholars have agreed that there are four evidences whose authority is agreed upon, the third of which is unanimity, while some scholars, even contemporaries among them, have argued that it is not possible to hold consensus even though they acknowledge that it is an argument, let alone those who did not consider it an argument or a legal evidence at all, but even referred to it as reason.

In view of the importance and status of the consensus among the legal evidence, I dealt in this research with its definition, its basis and the possibility of convening it, in the past and in the present, especially in light of that remarkable boom in scientific progress and the invention of ways and means of effective communication and communication between humans, especially scientists among them in various parts of the earth, which makes the issue of the impossibility of The convergence of consensus due to the expansion of the ends of the country to the east and west and the impossibility of communication between all the mujtahids - even if it was taken for granted in the past – no longer exists now.