أثر صياغة القاعدة الفقهية على تطبيقاتها ومستثنياتها: قاعدة اليقين أنموذجا

Abstract EN

The follower of jurisprudence' rules, one finds difference in some of the applications and exceptions of the same rule, and this has many reasons; the most important of them is the topic of this research ''the importance of formulating the rule of jurisprudence on its applications and exceptions: the principle of certainty as a paradigm''.

and showed with-god help-the prominent influence of formulating the rule jurisprudence on its applications and exceptions and according to scientists interest in formulating the rule and this seems clear in weighting one formulation to other: weighting the formulation of intention ''deeds are not but intentions'' this word-the word of the prophet-p.b.u.h- to others.

and as the expression of Malikia scientists on the rule of certainty '' the rule is denouncing doubt'' instead of other formulations; so comes under this rule what was Malikia criticized for not entering the other branches of jurisprudence under their application.

thus, the rule of certainty becomes in Malikia expression as the exception of the rule for others, these for all scientists will be equal in taking the origin of the rule as their consensus mentioned before.