القواعد الفقهية الدالة على نفي الاعتبار

Abstract EN

This research discusses the jurisprudential rules that determine some of the reasons for the nullity and invalidity of deeds.

These reasons can be outlined as follows: a) building the deed on suspicion, illusion, wrong assumption, incidental convention, unusual or unknown signification, or rare matter; b) placing reference before denotation or a substituent above an existing and affordable asset; c) using inference in cases where there is a Quran or sunnah text contrary to it; or d) describing what is present in the contract board.

In each rule, the researcher explains the meaning of its key terms, its forms, its general meaning, its evidence, and some of its jurisprudential applications.

It was found that nullity of validity is synonymous with the rejection of validity and with falsehood.

It is also synonymous with the rejection of acceptance and rejection of parts for those who deem them as evidence of the rejection of validity.

As for those who deem that the rejection of acceptance and the rejection of consideration do not entail the denial of validity, they believe that there is no synonymy between them and that nullity of validity is more general whereas the rejection of acceptance and the rejection of parts are more specific.

It was also found that rejection and proof of consideration are common in the books of Fundamentals of jurisprudence (Usui al-Fiqh), jurisprudential rules, and jurisprudence; and that nullity of validity has multiple meanings depending on the context in which it occurs.

These meanings include stipulation and what is inferred in significance, measured meaning, estimated meaning, what is used to determine meaning, and meaning of obligation.