وظيفة المجتهد في ما لا نص فيه : دراسة تحليلية و استدلالية مقارنة

Abstract EN

Praise be to Allah, the Lord of the Worlds, and prayers and peace be upon Muhammad and his clean family, his companions and those who follow them with charity to the Day of Judgment.

The follower of the words and evidence of the jurists in view of scrutiny and know-how do not ask him but to diagnose the difference between their views for several reasons.

However, what concerns us within the scope of the research is that some of these reasons are due to the document, while we did not find a text.

Both the Imamiyah and the public have a tendency to deal with the minutes of the case in which there is worship or treatment linked to will or individual will and even provisions.

I am almost certain that what we are asking is not something that we are not unique at all, but some of the propositions have been put forward according to this pattern in the sentence, not in the plural, but their limitations are confined to one doctrine without another.

It is well known that the famous among the flags in the way of introducing any new in the subject of jurisprudence is what is an attempt to return it to a famous title in the famous jurisprudential demands, and to treat and study its validity to apply to the new subject as a unique, such as: the insurance contract in an attempt to return it to the reward or reconciliation, Or franchising contracts, commercial companies' contracts, or others, and we rarely find it free to issue the issue with its independent title as an issue and an adjudication as an emerging issue.

We note here that there is no disagreement among scholars of Islamic schools of thought that the door of ijtihad is not absolute and is open to whomever wants it, and their difference is in absolute or non-binding ijtihad.

Some of the people of the public went to Bab al-Ijtihad in the late 4th century AH, and the muftis and judges restricted the curricula and rulings of the four imams.

And went some of them and the front of the general, to open the door of diligence and keep it open.

It is well known that the field of ijtihad is the development of non-peremptory Shari'a rulings, in which the dispute, whether it is a mandate or a status judgment, occurred.

These rulings are divided between scholars, and then it is the task of ijtihad to look at the evidence of the matter and its buildings and perceptions; to devise what the Faqih believes is correct from its rulings.

Accordingly, the will of Islam to be eternal, effective and influential at all times requires that it can not be given intellectual and cognitive wealth to stop at a certain extent with the enclosure of the universe of humanity living renewal and intellectual renewal of the breadth of perception.

As long as the semantics of the text do not stop at a single level of understanding, they are varied and vary according to time, people, and levels of understanding and understanding, it is necessary for the legal text to be open to different readings that renew the renewal of human thoughts and the breadth of their knowledge.

• As a result of the hinting to him, the research is distributed on several topics with different demands, reaching the desired goal, relying on a number of sources and references.

Praise be to Allah, Lord of the Worlds.