الحكم التكليفي والوضعي وأثرهما في الفقه الإسلامي

الملخص EN

Mandatory and positive judgments and their impact on Islamic jurisprudence.

in the introduction, we dealt with the importance of the legal ruling, which includes the mandated ruling and the positive ruling.

it has its basis in directing the discourse to the taxpayers.

we have analyzed this research through the lens of three requirements.

the first requirement: the definition of the judgment; the second requirement: the mandated judgment and its impact on jurisprudence; and the third requirement: the positive judgment and its impact on jurisprudence.

through these we find our conclusion.

regarding the first requirement, we analyzed the definition of the ruling in terms of language and terminology.

we also came to understand the definition of the legal ruling that ibn al-Hajeb defined by saying: ''god's speech related to the actions of those who are assigned by necessity, choice, or situation.” in the second requirement, we dealt with the commissioned ruling and its impact on jurisprudence.

we found that its divisions to the public are fivefold: 1- the affirmative.

2.the scar.

3.

the prohibition.

4.

the hate.

5.

and the permissibility.

we gave each of them jurisprudential examples.

finally, in the third requirement we dealt with the positive ruling and its impact on jurisprudence.

fundamentalists have it, which is to say: ''what benefited from the establishment of the legislator's knowledge determines his judgment, because in no case can his speech be known.'' the positive judgment on this definition is limited to causes, conditions, impediments, health, and corruption.

we have given jurisprudential examples for each of them, and this type was called the ''positive judgment'' because it linked two things with cause, condition, or impediment to a situation from the lawgiver, for example, by its creation (e.g., the lawgiver is the one who defined the reason for this, a condition for it, or an impediment to it).

as we concluded this research, it became clear to us that the mandated judgment and the positive judgment are of importance in directing the discourse to the taxpayers, its impact on Islamic jurisprudence, and the presentation of the assignment discourse to the status discourse.

the speech of the circumstance, made in the pursuit of a letter of assignment, restricts its release and allocates its generality.

the existence of cause is not sufficient without the absence of impediment.

both requirements must be met: the presence of cause and the absence of impediment.

we cannot determine health or impediment without the availability of defined conditions, whether it be in considering positive reasons and negative impediments, or performance and health conditions.