التنافي و شرائط تحققه في الأدلة المتعارضة و خروج الجمع العرفي عنه

Abstract EN

One of the most important things that a religious man "Al-Faqeeh" has taken into account in the essentials research is the disagreement "Al-tanaafi, or Al-t'aaridh" and its types.

This is because it is a varied subject and difficult to distinguish between its parts especially the superficial disagreement because if the religious man ignores this last one for a moment, this will lead to incorrect results in others' perspective of the religious men.

Therefore, the religious man "AlFaqeeh" exerts his efforts in to resolve this disagreement and confliction and specifies its division in particular.

The religious man are often confused in combining the sources of this disagreement; consequently, this increases the difficulty of its solution and accessing to the right results.

Hence, we find that the religious men have written and searched everthing related to the definition of disagreement "Al-t'aaridh" and the divisions that fall under each section of it.

Moreover, they have pointed out to the images of disagreement and evidences after investigation as well as they have done this in their applications jurisprudence and how to treat cases of disagreement that happens in the different sources of jurisprudence.

Therefore, disagreement is taken in its reality from the scramble and deportation that are understood by the religious men among two disagreement evidences.

However, distinguishing all the types of disagreement is a prickly status requiring to a deep understanding and knowledge of how to work within the resources.

In addition, it is important to religious men to be aware of the sources principals that play an active role in resolving disagreement especially the sources of disagreement related to the public, private, restricted, unrestricted, and others.

Therefore, the researcher has conducted through two sections: the first one section deals with the conceptual and linguistic meaning of disagreement "Al-tanaafi".

The second section concentrates on the reasons of occurring disagreement and how to resolve it in order to arrive at a consensus among religious man that is not considered from the real disagreement.