التمييز بين الحكم التكليفي والحكم الوضعي في النص الفقهي: دراسة تطبيقية على متن الزاد

Abstract EN

This paper defines both mandated and positive rulings, showing how they overlap or diverge from each other, and the methods of demarcating either in the jurisprudential text by reviewing the texts of the Hanbali book Zad Al Mustaqna’ fi Ikhtisar Al Muqni’.

It highlights the effect of using one ruling only.

It also indicates that articulation of the authenticity of one positive ruling does not necessarily make the ruling mandated.

Further, mandated prohibition is not tied to positive rulings of vitiation or inauthenticity.

In addition, does what refers to positive conditionality indicate an obligation, or the other way round? The study also shows the extent of the correlation between the five mandated rulings and the other common positive rulings such as conditions, reason, obstacles, concessions, determination, and God grants success.