أثر أصل الخلقة على أحكام الأسرة : دراسة فقهية مقارنة

الملخص EN

This article aims to address the effect of the origin of creation on family provisions stated in jurists’ books, basing their opinions on the origin of creation.

It also aims to identify what jurists mean by “the origin of creation” explaining the difference between these issues and those occurring not by the origin of creation.

The study is divided into an introduction, four sections and a conclusion.

The first section deals with the effect of the origin of creation in distinguishing between the impotent and his wife.

The second section tackles the effect of the origin of creation in accepting the saying of the impotent when the impotence disappears.

The third section addresses the effect of the origin of creation in knowing the gender of the unsexed hermaphrodite.

The fourth section is about the effect of the origin of creation in the widow women’s undyed wearing and precious clothes.

The study concludes with a number of findings, the most important of which are: what is meant by the origin of creation is the image on which a thing is superimposed, and the instinct on which a human being is created is not an act of contingency