عدول مسائل الحج الفقهية عن قواعدها الأصولية

Abstract EN

The rules of the principles of fiqh are of great importance, as they are a machine for deriving legal rulings, which are holistic rules.

As for what we find of not being steadfast in some branches of fiqh - such as the issues of Hajj - it is because of the inconsistency between the rules or the loss of a condition or objectionable objection, and we have reviewed in this research four of Fundamentalist rules that have changed some of the issues of Hajj; So the Shafi'is and Hanbalis changed the rule (the delegate is not obligated to initiate it), and they said that it is necessary to complete the Volunteer Hajj and the reason for their negligence is that they singled out this issue from the rule with evidence, just as the audience changed the rule (falsehood and the corrupt are synonymous) so they ruled that the bad Hajj must be completed, and the reason for their fairness is to allocate it With external evidence, the audience changed the rule (the general lesson is not about the cause) and singled out the siege by the enemy, and the reason for their abolition is the effect of another rule is (building the general on the special), as another rule has affected the silent consensus the argument and the consensus of the people of the city when it is taken care of, and the Hanbali justice On the rule (if the verdict unites and the reason causes the olute on Restricted) So they allowed the Muharram to wear the socks without cutting, due to the failure of the requirement to implement the rule for them, which is that the olute text does not delay the entry, and that the pregnancy does not require delaying the statement for the time of need.