مدى حجية المفهوم المخالف و نماذج من تطبيقاته في الفقه الإسلامي و القانون المدني العراقي

الملخص EN

Acontrario argument is one of the sources of mental dependency of the provisions of the Sharia, it is based on Inference of legal rulings from the texts.

But it is Inference from Intention not from operative text and its term.

Great debate erupted about the extent of binding Force of this source, and its suitability to be a source accredited in Inference legal rulings without any caveats.

This paper discusses this problematic, and displays of models in their applications in the texts of Sharia and law, in particular the Iraqi civil law