الأصول الثابتة في الشريعة عند فقهاء المسلمين : الأصل العملي أنموذجا

Abstract EN

Explanation of the origin in the texts and its quality is necessary in determining the ruling, as it is one of the basic matters in the jurisprudential research and with its presence the jurist reaches the judgment, and as for the practical origin of the sentence, it is not in one format but in different ranks, and they are not invoked together even if it is their content is the same and vice versa, but it determines the practical function of the taxpayer when he doubts the factual ruling and its position after the absence of definitive or presumptive evidence considered by the imamate in exchange for the rational origin and building the rational ones such as the authenticity of mental innocence, as for the public, they resort to approval, analogy, and other aspects of their deductive methodology.

whether the existence or not is the final outcome of the process of deduction and from it the position of the discretionary evidence from the practical origin is determined.

except that which came out with conclusive evidence, and what is worthy of relying on it in jurisprudence are the conclusive evidence, the argument with obvious and clear significance, and the incomplete evidence that was based on considering its argument as conclusive evidence through jurisprudential applications, and the practical origin is a function made for the doubt when the evidence is lost.

the origins of the practical origin according to the jurists and that establishing the jurisprudential rulings is related to the evidence, and determining the rank of the practical origin and its limits, the types of assets and some of the applications of the practical origin in the words of the jurists and the most important