تخصيص العام بالأدلة المنفصلة : دراسة تطبيقية

Abstract EN

The study entitled specifying prevalent utterance by separate evidence as applied study upon disagreement of fundamentalists in specifying prevalent utterance by separate evidence which might appear to be an obvious problem for the one who made aware of this disagreement particularly if he is not one of the specialists in jurisprudence.

Accordingly, the main objective of this research is to identify this disagreement and to have by then insight into it through induction, analysis, and classification to find out whether it is influential disagreement when it runs into application on branches of jurisprudence or it is an only non-influential disagreement of utterance on the purpose of causing controversy along with overcoming in debate as in the case of much disagreements of fundamentalists.

It is obviously that self-contained determinants in terms of numbers have been tackled so that a part of fundamentalists indicated them as nine in number, some others divided them into two sections, while others accounted them as four in number, namely mind, sense, text, and custom and by then considering remnants as branches affiliated to each other.

In so far as the matter gets to this point, the researcher did not think that it should be indicated determinants as four in number and by then branches them out, but it was thought better to take trace of ancient fundamentalists in their classification.

A number of results were reached by the study; some of the most important ones were: no consensus of opinion that achieved terms of being real consensus found relevant to these self-contained determinants, but all determinants have been tackled by disagreement despite the fact that some fundamentalists depicted the determinants as acquiescence in a part of their statements.

Based on the results of the research, it was clearly found that it is a disagreement of utterance not disagreement of intangible content, as well as it has no influence on the classification of jurisprudence.