القرينة المصلحية عند ابن رشد الحفيد : دراسة أصولية تطبيقية

Abstract EN

This study endeavors to clarify the concept of interest presumption in Ibn Rushd’s Book: (Al Dharouri).

The study adopts an inductive and analytical method, based on some practical cases.

The study concludes that Ibn Rushd has shown a type of presumption that can be called justificatory or interest-based co-text, which functions as a clue to understand the meaning of the uttered text associated with the general aims and behaviors of the Legislator in consideration of interests.

The methods of justification to Ibn Rushd are indications resulting from interest presumptions.

According to the degree of decisiveness of these presumptions, one can classify their significance in legal interpretation.

These justificatory presumptions are: interests based on common observations of addressees, interests based on essential assimilation, interests based on regularity and realization of witnesses, and interests based on formal similarities.