الاستثناء و أقسامه و أثره في بعض الأحكام الشرعية و الحدودية : دراسة دلالية نحوية لغوية

Abstract EN

This research included Exception and some of its particles: ] إلا [ and ] غير [.

It has been revealed that ] إلا [ is the principle entry for its being an absolute letter and for its presence in all entries of Exception rather than ] غير [, and it is the original exception particle.

Grammarians disagreed concerning the operative in المستثنى the excepted accusative case, whether it is ] إلا [ itself or not? Kufa Grammarians adopted the view that ] إلا [ served as the verb ] استثنى [ (i.e.

exempted or excluded).

Al-Mubarrad of Basra Grammarians agreed with them in this respect.

However, Al Farraa of Kufa School of grammarians believed that ] إلا [ is composed of the accusative ] إن [ that governs the subjunctive and the lightened ] .]لا The Basra School of grammarians believed that the operative in المستثنى the excepted is the verb or the verb meaning goes between ] إلا [, and each group had a proofing that they employed in their arguments, which I mentioned in its place.

On the other hand, the Basra grammarians refuted the Kufa's grammarians' arguments by acceptable evidence till it has been revealed, to the researcher, that they follow the correct view.

] إلا [ may serve in the sense of ] غير [ in the adjective.

I have already mentioned some issues related to this which I included herein.

In the second chapter: grammarians agreed that the origin of ] غير [ is the adjective and the exception in it is contingent (or accidental) in contrast to ] إلا [ as it is otherwise.

It is a noun; however, grammarians did not agree whether it is declinable or indeclinable? In fact, Kufi grammarians were of the view that it is indeclinable.

Therefore, it is permissible to give it the fatah ) فَتْحَة ( indeclinable or uninflected ending in every position it is preferable to use ] إلا [ whether it is added to a declinable or indeclinable.

Basra Grammarians believed that it is permissible to give it an indeclinable ending if added to an indeclinable other than if added to a declinable.

Each group supported their arguments by proofing or evidence as I have stated this in place.

Nevertheless, if ] غير [ is not an exceptional particle, it serves as a noun for negation which is parsed according to its position.

I have stated some of its legislative issues which I positioned in their proper places.

The third chapter included the Rule of Junctive Exception by ] إلا [, in which المستثنى the thing excepted belongs to the same class or kind of المستثنى منه the general term, and scholars permitted it by Consensus Scholars have disagreed concerning successive or consecutive sentences by the واو (Al waw, i.e.

and) if exception follows it directly based on two views: The first is that Exception refers to all, and the second is that it refers only to the last sentence.

I have included examples related to some legislative issues which I positioned in their proper places.

This chapter discussed the rule of Exception in terms of المستثنى منه the general term without intervening an interval by a period, respite or delay between the excepted المستثنى and the general term المستثنى منه , it has been revealed that the majority of scholars have severely rejected it , particularly the Imam of the Two Holy Jouini –may Allah have mercy upon him- who asserted that if it were permissible, it would be ridiculous and his disciple Imam Ghazali –may Allah have mercy upon him- followed his example in this respect.

Also this chapter presented the complete exception of the junctive, scholars disagreed concerning the amount of the excepted.

Hence, Basra scholars adopted the view of making it lower than half such as درستويه Darsatwih.

Imam Malik –may Allah have mercy upon him- believed that no more than a third is permissible, and Imam Ahmed Bin Hanbal –may Allah have mercy upon him-followed his example in this regard.

Kufa scholars were of the view that it permissible to employ the more exception, followed by Ibn Malik in this respect.

Most Alhanifip and Shaafa'is scholars believed in the permissibility of this as the rule in their discipline is general for the most and the equal.

Each group had a proofing which supported their arguments which I have mentioned in place.

The conclusion here is what grammarians unanimously agreed that the excepted المستثنى should not be neither equal to or more than المستثنى منه the general term.

The fourth chapter presented the rule of the disjunctive exception by ] إلا [, where the excepted المستثنى does not belong to the same kind or class of المستثنى منه the general term.

It has been revealed that the majority of scholars have unanimously agreed on its permissibility as deducted from Allah's Holy Book (The Holy Qura'n) and the Hadiths (prophetic traditions), Arab verses and prose as well as logic.

On the other hand, a group of scholars rejected this view, and they did not have any evidence or proofing to support their rejection.