نظرية الاستناد (الأثر الرجعي)‎ في الفقه الإسلامي

Abstract EN

The theory of authority (retroactivity) in Islamic jurisprudence Dr.

Bassam Al-Ahmad Al-Sheikh Department of Islamic Jurisprudence and its Foundations, College of Sharia, University of Aleppo Summary The general rule is that the jurisprudential judgment does not take precedence over its cause or condition, that the cause occurs after its cause, and that the condition falls after its condition, or the judgment is made comparable to them.

However, the extrapolation of the provisions of Islamic jurisprudence indicates that the ruling was preceded by the cause and the condition sometimes.

The evidence indicates that the judgment is proven without the cause or condition, as is the validity of the will that is dependent on the heirs ’permission, by giving the applicant a late ruling under the name of" reliance "(retroactive effect).

Therefore, the theory of retroactivity in Islamic jurisprudence comes to explain to us how the jurists relied on it to prove many of the jurisprudential rulings.