الشرط اللغوي عند الأصوليين و أثره في مسائل الأحوال الشخصية : مسألة تعليق إتمام الزواج على الفحص الطبي أنموذجا مقارنا بقانون الأحوال الشخصية الفلسطيني

Abstract EN

This research entitled " the linguistic condition of the fundamentalists and its effect on matters of personal status, the question of suspending the completion of marriage on the medical examination is a model-compared to the palestinian personal status law", the study deals with the rule of the linguistic condition for the fundamentalists, which has a great impact on the jurisprudential branches, it aims to show the impact of the linguistic condition as an original rule on personal status issues, highlighting its role in contemporary jurisprudential jurisprudence, by talking about explaining what the linguistic condition is and its ruling according to the fundamentalists and its most important conditions, and its impact on matters of personal status jurisprudence, which it accepts or does not accept, with reference to the extent of its association with the personal status law and the palestinian family rights law, then applying the issue of suspending the completion of marriage on the medical examination as a contemporary model on it.

the researcher concluded that the linguistic condition appeared to have an effect on personal status issues in two respects, the first is what he accepts, such as divorce and divorce, and the second is what he does not accept, such as marriage and return.

its effect also appeared in the statement that it is permissible to suspend the consummation of marriage on the conduct of a medical examination as a contemporary application of personal status, and it is also recommended to study the effect of the linguistic condition on the rest of the chapters of jurisprudence, especially financial transactions, and the attention of researchers to write in the link between fundamentalist rules and jurisprudential issues, especially contemporary ones.