قاعدة طلب الحكم التكليفي غير الحتم باعتبار الكل : دراسة تحليلية مقارنة

الملخص EN

the researcher studies the famous rule that al-shatibi mentioned in his book almouafakkat، which indicates the change of the mandated ruling if his request is in consideration of the whole، and since the request of the allwageb and the alharram does not change their rank in relation to the whole، the research will deal with the study of the request of the delegated، permissible and disliked in regards to the whole، and hence the name of the research: "demanding a non-inevitable mandate ruling considering the whole - a comparative analytical study" it aims to explain the most prominent advocates of the rule of non-inevitably mandated legal ruling، considering the whole، and those opposed to them، and the evidence of each of the two groups، it also aims to clarify the correct opinion on the issue، and to highlight the most important applications in it.

The researcher followed the comparative-analytical inductive method، where he deliberately searched for the roots of the issue، those who argued about it، the validity of the ratio of the sayings of its owners، and the evidence of each team، and a comparison between the evidence، responding to what is not correct from them، and then between the most correct from his point of view.

He reached several results، the most notable of which are: the first to put this rule is imam al-shatibi، and he put it as an and not a download rule، and those who came after him made a mistake and tried to make it one of the download rules، with regard to the total، the scholars differed in the ruling on the request of the delegate considering the whole، and it is more likely for the researcher that the ruling will not change، and that the remaining delegated in his rank is the most correct saying، as the scholars differed in the ruling on the permissible in considering the whole، and it is more likely for the researcher that the ruling will not change، and that the remaining permissible in his rank is the most correct saying.

The scholars also differed regarding the ruling on leaving what is makrooh in consideration of all.

It is likely for the researcher that the ruling not changing and the objection remaining in its rank is the most correct opinion، and that there is a confusion in the inferences of those who say that the legal ruling is not inevitable considering the whole، between the origin of the rule، and the change of the ruling with other considerations، such as the circumstances of revelation، consideration of the motive، and others، and that the survival of mandate rulings in its rank is what is commensurate with the principle of rulings، the spirit of sharia، and the general principles and principles of legislation.