المطلق و المقيد

Abstract EN

This research deals with the concept of the absolute, and restricted in the context of the interpretation of legal texts for the purpose of applying them to the facts, based on the problem of research that revolves around how to work with the absolute word at all, and the cases of its restriction and the controls of this restriction, following both the descriptive approach, the inductive method, and the analytical method in studying the concept of the absolute and restricted as one of the ways to derive provisions from texts legal, through their definition in the jurisprudential terminology, with reference to the difference between the absolute word, the general word and the difference between the restricted word and the special word, explaining the general rule in the work of the word which is absolutely contained in the legislation, and the cases in which it must be restricted, which is the case of restriction in terms of the text, restriction in terms of the case, and restriction in terms of custom, and interest, with citation in an explanation and statement these concepts are in the legal texts of the Holy book and the Sunnah next to the legal texts, and the judicial principles established by the judiciary in our Arab environment, and the research has concluded a number of results and the recommendations that were referred to the most important in their places.