إجماع العترة عند الأصوليين و أثره في الفروع الفقهية

Abstract EN

The research is subject to a controversial issue between Ahl-AL sunnah and Shi'a (the masses of the Sunnis، and the Shiites) with its two doctrines [Zaidia and Imamia].

The research tackled Al-itrah (The people of the household) term، showed the differences between the scholars about it and Ijma AL-itrah (the consensus of the family of the prophet).

It presented the evidence of the two groups and discussed them.

It credited what has been right and conform with the rules of jurisprudence and has a strong evidence.

The research suggests that Ijma AL-itrah (The consensus of the family of the prophet) is a partial agreement، such as Ijma Ahl al-Madinah ( The consensus of the city of the prophet)، and its subject of study is: What was included in the consensus and not from it - according to the saying Fakhruddin Al-Razi.

The research concluded that Ijma AL-itrah (The consensus of the family of the prophet) is the consensus of some of the ummah's scholars.

Therefore، its consent is not binding on the rest of the ummah's scholars، and taking the sayings of these assemblers is no better than taking the saying of others when there is a difference.

Because the subject of this research was one of the issues of mutual recriminations between the doctrines of Shiites and the Sunnis that the dispute on this issue was a real dispute، on which a huge number of issues and jurisprudential branches were based on، the research exposed to some examples of them Therefore it was an issue of dire need for research and study، especially with the lack of comparative fundamentalist studies between The doctrines of the Sunnis، and the Shiites in the rules of jurisprudence.

The research also showed the extent of the difference between Zaidia and Imamia in regard to the authenticity of the Ijma AL-itrah (The consensus of the family of the prophet).

Zaydia considers that Ijma is more close to the approach of Ahl AL sunnah (The people of sunnah doctrine) than Imami Shi'a، but Zaydiyyah considered this type of agreement as a special guide that comes after Ijma AL Umma AL- am( The general nation's consensus)، which is contrary to AL Imamia who They consider it a proof، not for its own sake، but for its inclusion to "the saying of the infallible.

" The research also showed that the Imami Shiites with its approach did not leave the study of consensus، or consider it a marginal idea، but it had been studied in line with the curriculum of Ahl - al sunnah and Al- Gamma (The people of sunnah and Gamma doctrines) in the Islamic legal sources.

The research mentioned AL-Imamia exaggeration in “the infallibility of the Ahl al-Bayt”، and a review of this fundamental issue among them، which made Al-Razi says that who managed to understand this issue will have the ability to respond to Shi'a doctrine with its origins، and its branches.

In conclusion، the research presented a case of argument between Ijma AL-itrah(The consensus of the family of the prophet) and Ijma AL- ummah (The consensus of the nation) and The origin is agreeing with them not opposing them.

The important point of the research is a state of opposition to them because Ijma Al-umma (The consensus of the nation) is not permissible to be violated in the deterministic or ijtihad (diligence) issues، but Ijam AL-itrah (The consensus of the family of the prophet) cannot be derogated in ijtihadi matters.