الاختلاف في اقتضاء الأمر الوجوب وأثره في الفروع الفقهية: النكاح والطلاق نموذجا

Abstract EN

(This research, which dealt with the impact of the difference in the necessity of the imperative in the dispute in the branches of jurisprudence, attempted to liberate some of the necessary concepts related to the matter, as the research reached the weighting of the requirement of superiority in the matter, as well as the weighting of the abstract form of the command from the presumptions to the obligation, as it was found that the most correct choice is despite the fact that some of the most intelligent people of origins and speech chose the position of stopping when necessary, given that its significance is shared between obligation, recommendation and permissibility.

the study dealt with some jurisprudential differences in some jurisprudential branches in which the source of the dispute was the difference in the necessity of the order on whether it is obligatory or not.

it is based on disagreement as necessary ..

etc.).