أثر عموم البلوى في اختلاف الفقهاء: العفو عن النجاسة أنموذجا: دراسة فقهية معاصرة

الملخص EN

This study aimed to show the impact of the permanent excuseon the Divergenceof jurists and took an applied aspect represented by the forgiveness of impurity with the comparative jurisprudential study, to address the problem of applying the permanent excuseon the jurisprudential facts and provide a method to reveal it and the way to deal with it through the sayings of the jurists, and the study has revealed the meaning of the permanent excuseand being one of the causes of jurisprudential disagreement and highlighted the issue of forgiveness for impurity, One of the most prominent results of this study was: that the permanent excuseis a very frequent occurrence and the exam becomes inevitable, and that it is considered one of the reasons for the difference of jurists due to the diversity of their applying of it on sub-issues, and that its observance has led jurists to mitigate the rulings in general, including the forgiveness of impurity, which benefits us in practice in dealing with modern issues.

One of the recommendations was: guidance to take care of the books of our ancient jurists and take into account what was stated in them and to consider the examiner, especially what is related to the authority of judgment as it may be subject to consideration, but the dispute is in its investigation, and that the mandate of the permanent excusehas analogues such as the proof of the judgment of the existence of the description and its demise with its demise, and it calls for the holding of an independent study on it.