مفهوم الشرط الأصولي وأثره الفقهي

Abstract EN

The aim of studying the rule of the concept of the condition according to the fundamentalists and the branches of jurisprudence built on it is: to establish this rule by mentioning its evidence, and clarifying it, so that those who infer from it are reassured, and establish the argument based on it, so that his judgment is acceptable, and his jurisprudential opinion in the jurisprudential branches is correct or convincing, as well as a solution to the intractable problems of people's expressions and standing in their terms.

in discussing this issue, i followed a theoretical approach and an applied approach, so its scientific material came in two chapters: first: the theoretical aspect in which this issue is clarified by clarifying its nature and its authority, liberating the subject of the dispute, as much as possible, so that the point of contention between the fundamentalists appears.

until the more correct doctrine appears to me, i choose it as a reason.

second: the practical aspect: in it, choosing an appropriate title for the issue, with an explanation of its conclusion on the rule, then a statement of the ruling of the legal schools followed in its regard, with a mention of their appropriate evidence for this principle and withholding from the rest of it, all in an easy and simple style.

the conclusion: it included fourteen conclusions that: the fundamentalist condition is the indication of the word in which the judgment is attached to something of the condition's tools on the proof of the opposite of that judgment to the one who is silent about it when that condition is absent.

i advise my brothers from the students of this noble science.

that is taught at al-Azhar university in some of its theoretical faculties to give this issue and its counterparts from the fundamental rules, what it deserves from a careful and deep study, and extract from books of interpretation, hadith and explanations of hadith many different branches of jurisprudence built on this principle and others the assets, to be a tool of jurisprudence, science, goodness, facilitation, security and safety for the entire human community, and god bless.