الاقتضاءان الأصلي و التبعي عند الإمام الشاطبي العلاقة بالمناط و مسالك الكشف

الملخص EN

This research seeks to address an epistemological problem about two jurisprudential terms coined by Imaam Ash-Shaatibi, namely the apparent iqtidhaa’ (implication) and subsequent iqtidhaa’ of evidences, which means the indication of evidences on sharia rulings before incidents and additions occur to the effective causes of rulings and after it.

this subject has not received enough independent studies, although it has been recently written about the term’s roots, specificities and functions.

however, there are aspects of the topic that still need further study and completion of its topical structure, such as the methods of detecting the subsequent iqtidhaa’ and the true connection between the implications of evidences and affective causes of rulings.

the researcher followed the descriptive inductive method to collect the subject material according to Ash-Shatibi, then the analytical and inferential method to reformulate this material to serve the study.

the research ended up with a number of conclusions, including: that differentiation between the main and subsequent implications is a jurisprudential necessity for constructing partial rulings and for using evidences to deduce it, and that in order for the scholar to be able to construct this type of rulings, he must follow the considered scholarly methods that guide to the ancillary rulings, such as observing the objectives of the lawgiver and looking into the consequences.