دواعي النسخ و دعاويه و أثرهما على الأحكام الشرعية : دراسة موضوعية

Abstract EN

This research aims to highlight the importance of the abrogator and abrogated, reasons and claims surround them, their effects on the rulings of SharÊÑah, the relationship between them and the jurisprudential issues and knowledge of the condition of permissibility of abrogation and its pillars.

They are very important science to know halal and haram, especially for the mujtahid who is diligent in the SharÊÑah rulings.

It is not permissible for anyone to issue a fatwÉ for an issue of the SharÊÑah until he knows its position with the abrogator and abrogated.

This knowledge is considered to be a condition of an Islamic jurist, and a scale on which a muftÊ should focus at the time of his search for knowing halal and haram.

Neither a scholar nor a student should give up its knowledge.

The researcher faces problems in the claims that accompany them, in disagreement of scholars on their existence, and the ways through which they are identified.

The researcher has found that the abrogator and abrogated have a great impact on the jurisprudential issues; and claims and reasons surround them can be identified by the applications of some jurisprudential issues related to SharÊÑah` rulings.