الإجماع بين النص و الاختلاف الفقهي : دراسة نظرية تطبيقية

Abstract EN

This research mainly aims to study the reasons for the jurisprudential difference resulting from the apparent difference in the text and consensus.

It is one of the foundations of pushing the conflict between them.

This study concluded that the consensus that is reconciled with the legal texts is the real consensus, not the claim.

And the necessity of accurately understanding the texts is important for identifying the correct meaning and the consequent legal rules, such as the necessity of penance or not.

From this point of view, this research came to present a brief applied theoretical study.

The first topic began with the concept of text and consensus as well as jurisprudential difference.

The second topic is about the reasons for the jurisprudential differences.

As for the third topic, it came in application with examples of the consensus between the text and the jurisprudential differences.