علاقة الاستثناء من القواعد الفقهية بالأدلة التبعية

Abstract EN

This research, tagged with : "the relationship of the exception from the jurisprudential rules to the subordination evidence", aims to explain the relationship of the exception from the jurisprudential rules to some sources of the legislative evidence subordination, namely : approval, reclamation, and pretexts.

the research used the inductive and analytical approach ; in order for them to be consistent with the nature of the research and its intended purposes, by tracing the exceptional rulings in the Shari'a, and linking these rulings with the ancillary evidence, and determining the nature of the underlying relationship between them, one of the results of the study was that the exception to the jurisprudential rules and the legislative evidence of dependency are closely related, because they are based on the principle of facilitation and taking into account the interests of the people.

and that the principles of sharia require the implementation and observance of the principle of exception, as a precautionary measure, given that bringing interests is the general purpose of sharia, and this observance is only a form of exception.