تغير الأحكام بفساد الزمان و أثره في باب القضاء : دراسة تأصيلية تطبيقية في المذهب الحنفي

Abstract EN

This study discusses The Change of rulings with the corruption of time and its impact in jurisdiction: An authenticating and applied study in the Hanafi doctrine.

The research concludes that the rulings which were valid at a certain period of a time could change due to the emergence of previously inexistent corruption.

Calamities related to moral issues become tools the diligent scholar uses to resolve disasters in line with the legitimate interests, with previous rulings remaining in a “latency state” until the appropriate conditions become favorable again for their reappearance.

One of the controls of this change is that: the judge should know the subordinate judgments and should consider the continuation of change as he reconsiders the realization of objectives.

For example, judges were previously content with the apparent reliability of witnesses, without the need to recommend them.

But with time corruption, the judge would need the recommendation of the witnesses to accept their testimony.

This is what the scholars have settled these days, so that no one would claim other owners' rights.