مسالك التعليل المختلف فيها و تطبيقاتها الفقهية

الملخص EN

: The reaserch aims to reveal the paths of cause in which the difference occurred between the jurisprudential assets scholars, and to clarify the most prominent jurisprudential applications drawn on them, and after the following-up and the induction it's concluded that the most prominent of these paths are: the irregular appropriate path, the unrestricted convenient-appropriate, the sounding path, the all aspects path, and the similar path.

The hanafi school and some shafi'is denied the inference of these paths to the validity of the cause, while the public scholars made it among the correct paths in proving the effective cause, at the end of the reaserch results were reached, including: the reason for the disagreement over the validity of these paths is due to two reasons: the first of them: was it proven that the companions count on it? And the other: are these paths beneficial to the one who examines them the overwhelming assumption of the validity of the cause, including that the hanafis although they are from the opinion school are more restrictive in this field than the public scholars; where they didn't prove from the mental paths exept the appropriateness, and they didn't prove from it exept the effectivity, and the conveniently, while the public scholars expanded and the majority of them proved the correctness of the inference on the cause by those previously mentioned paths.