اشتراط المنطق في الاجتهاد الأصولي : دراسة مقارنة

Abstract EN

This study aimed to investigate the reality of logic and the This study aimed to investigate the reality of logic and the difference between logic and philosophy.

It also aimed to identify the judgment of learning and teaching the logic and examine the knowledge that some jurists required for the logic to reach to a high level of inde-pendent judgment.

The significance of the topic lies in the interrela-tionship between jurisprudence and logic, whether this interrela-tionship is bound to the harmony between the two sciences or the terms and logical topics that the jurists introduced into their litera-ture.

This study investigated the reality of logic and the judgment of learning and teaching this science, as well as the knowledge re-quired for the logic to reach to a high level of juristic judgment.

The method used in the study was extrapolation of the jurists’ sayings about the required knowledge for the logic to reach the juristic judgment and then criticize these views and reach to the most ap-propriate view.

The results of the study revealed that some jurists viewed that the logic-based knowledge is a prerequisite to reach ju-risprudence.

However, the majority of jurists argued that the logic-based knowledge is a substantial requirement.

The researcher views that encouraging the adoption of logic without any condition is a compromise between negligence and extremeness.

The study rec-ommended that more attention and focus should be exerted to the sciences associated with the jurisprudence in terms of derivation and juristic judgment in general and the logic in particular.