قاعدة »تعليق الحكم بالمشتق« و أثرها في رفع الخلاف في الفقه و التفسير : دراسة أصولية فقهية مقارنة

Abstract EN

Fundamentalist and juristic rules established by scholars of Islamic jurisprudence have a great influence on the understanding of Shari’a texts.

Among these rules is the rule: ‘linking judgment with the derivative is attributed to the raison d’être of derivation’.

Therefore, I chose to investigate this rule and explain its effect on provoking controversy in jurisprudence and interpretation, and I divided the study into two parts and a conclusion.

I devoted the first part to the linguistic and terminological definition of terms, including: rule, comment, judgment, derivative, indication, reason).

Then I talked about the formulas of this rule mentioned in the books of the principles of jurisprudence and jurisprudential rules, the overall meaning of this rule as defined by scholars, and the authenticity of the rule among fundamentalists.

I devoted the second part to explaining the impact of this rule on raising disagreement in jurisprudence and interpretation, coupled with examples, then concluded the research with a conclusion in which I outlined the most important results that I reached.