استدلال النافي بعدم الدليل على عدم الحكم الشرعي

Abstract EN

This paper tackles one of the issues that relate to the science of Principles of Islamic Jurisprudence i.e.

substantiating with lack of evidence to negate the existence of the religious judgment.

The researcher assesses the point of disagreement between the scholars in this issue and derives the reasons of disagreement in some of the relevant specifications.

This is in addition to studying and discussing their opinions and evidence.

The research comes to a conclusion that in the case where there is no religious evidence concerning any subject matter, the judgment should be to presume original nonexistence.

This is due to the fact that, this indicates possibility at least.

Possibility is considered valid in the case of the religious rulings which concern interactions.

This is on contrary to substantiating with lack for evidence to negate the judgment, which is not an accurate way in reasoning.