ضابط عدم تغيير الأصل و إبطاله بالعلة المستنبطة : دراسة أصولية في صيغ الضابط، و جذوره، وأدلته، و موقف المحققين منه

الملخص EN

This study focuses on a single rule related to the conditions of the effective cause in analogical deduction (Qiyas), which is (a cause shall not return to its origin by omission or alteration), adopting an inductive- analytical method.

The study concludes that the rule was first established by Abu Zaid al-Dabbusiy (d.

430 A.H.) and it was subject to dispute since its appearance until al-Shatiby (d.

790 A.H.) came up with a comprehensive theory named (rational contextualization of texts).

This theory considers that both the literal meaning and rational conceptualization of a text are vital elements for understanding in juristic spheres.

However, if a conflict of consideration between the two mentioned elements is evident, the one that is more compliant with the overall theories and regulative rules of Sharia shall prevail.