الجعل و المجعول و أثرهما في مسائل أصول الفقه

Abstract EN

The basic function of Fiqh is to devise sub-Sharia rule, As the fundamental of jurisprudence considered one of the most important sciences of inference because of its sets common general rules for that process and its objectives of the study of the truth of Islamic governance.

Since the inception of the fundamentals of jurisprudence, fundamentalists have studied the definition of Shari'a governance, its divisions and the foundations upon which it is based, As the science of assets developed, new sections were added to the Islamic rule, until it reaches the modern fundamentalist called "Al - Najafi school" and Sheikh Morteza Al-Ansari was the first leader (date 1281AH) Al-Najafi school" have Fundamentalist new ideas that have not been explored before and discovered rules have been researches, and new terms have been established that were not mentioned before them.

Some of these new terms are Al-Ja'al (did - made ) and Al - MaJa'wil (doing - making) which reflect two phases of Islamic ruling, This does not mean these terms are new terms that were not found in the books of ancient fundamentalists, but have found references to them in some books such as Almstcefy book for Ghazali (Date 505 AH) and the book Al- Amidi (Date 631 AH ).

Al - Najafi school creators create these two terms just to facing the problems in some fundamentalist rules and they pushed these problems to differentiate between two phases of legitimate governance through Al-Ja'al (did - made ) and Al - MaJa'wil (doing - making).

So we can called Al-Ja'al (did - made ) the stage of legislation and the establishment of the ruling by the Islamic ruler about the real issue and Al - MaJa'wil (doing - making) is the stage of establishing the ruling effectively to achieve its subject abroad with all its conditions.

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