قاعدة "لا اجتهاد مع وجود النص" في الفقه الإسلامي و القانون الجزائري

Abstract EN

This research studies the rule of “no judgment with the existence of the text”, and aims to introduce it, and explain its origins and exceptions, and explain the Jurisprudence and legal wisdom to prevent the judgment with the existence of the text.

It also aims to drop this rule on principles of Algerian law.One of the most important results of the research is that the wisdom behind this rule is the consideration of the worth of the text.

If judgment is permissible with the existence of the text at all, then there will be no benefit from the text.Just as this rule is a Usul jurisprudential rule in its origin and wording, but positive legislation is not devoid of itscontent, and if it is not explicitly stipulated in it then some principles supporting its content.