جريان القياس في اللغات و أثره في الأحكام الشرعية

Abstract EN

This research aims to clarify the sayings of the fundamentalists on the issue of the flow of analogy in languages, and the branches of jurisprudence that resulted from their differences in it.

In this research, I have been concerned with clarifying what is meant by the flow of analogy in languages, liberating the place of dispute, and explaining the sayings of the fundamentalists on the issue.

Then the correct saying, and the type of disagreement, and its benefit.

Then I followed that by mentioning some of the jurisprudential branches that result from the disagreement on this issue, with an explanation of the way it comes out of it and its connection with it.

Through this research, I have concluded that the meaning of measurement flow in languages is: to add something to something else in the name.

Because there is a meaning that is thought to be the reason for that appellation; For the nomenclature rotation, existence and nothingness.

And that the saying: With the flow of analogy in languages, some of the Malikis, many of the Shafi'is, and most of the Hanbalis attested to it.

As for the saying: to prevent the flow of measurement in languages, the Hanafis, some of the Maliki, most of the Shafi'is, and some Hanbalis went to it.

And that the correct view is to say: The analogy is in progress in languages.

And that the benefit of this difference is that the validation of the flow of measurement in languages dispenses with the legal analogy.

Because if the name of wine is proven to all kind of wine, the sanctity of wine is fixed by the texts mentioned in the prohibition of wine, not by analogy with wine, and so on.

And that the difference in this issue resulted from the difference of scholars regarding the naming of wine to wine, and the thief to the scourge of tombs, and the deceitful fornicator the adulterer on the sodomy in general.