القواعد الفقهية أنواعها و تقسيماتها و حكم الاستدلال بها

Abstract EN

This research dealt with introductions that show the importance of studying jurisprudential rules, which contribute to the development of the jurisprudential ability of the student of knowledge.

And make him know the perceptions of rulings, and the shortcomings of jurisprudential issues, which qualifies him to look at developments and calamities, and clarifies to him a side of the differences and its causes when comparing the jurisprudential schools of thought.

This research came to present a number of types and divisions of the jurisprudential rule, according to the context from which it is viewed.

It has been divided in terms of its coverage and capacity for the branches and jurisprudential issues into major general rules that include many issues and from multiple chapters, rules that are less comprehensive than the previous rules, and rules that include Issues related to limited or specific chapters from the chapters of jurisprudence, and were also divided in terms of agreement and disagreement into agreed rules among all the jurisprudential schools, rules agreed upon among most of the jurisprudential schools, and rules in which differing among scholars of different jurisprudential schools, and rules in which there are different among scholars of a particular sect.

In terms of independence and subordination, it was also divided into independent or original rules, and subordinate rules, and in terms of its sources, it was divided into established rules and deduced rules.

Then this research dealt with an issue of great importance, which is the extent of validity of these rules and their ability to establish legal rulings, and it answered the research problem that was presented through the following question: Is it permissible for the jurisprudential rule to be a legal evidence from which a Shari’a ruling is derived, or perceptive to be taken By it in the reasoning and weighting, or can these rules be employed in contemporary jurisprudential jurisprudence? The research concluded with a statement of the most correct opinion according to its point of view, then mentioned some contemporary jurisprudential applications based on jurisprudential rules, then concluded the research with a statement of the most important findings and recommendations.

And praise be to God, Lord of the Worlds