أثر الحيل الفقهية على الأحكام الوضعية : دراسة نظرية تطبيقية

Abstract EN

The importance of legislative sciences cannot be hidden due to being the only source from which legislative provisions can be elicited.

One of its aspects is the man-made provisions for being connected to it, their existence or none.

However, the problem is that these man-made provisions can be used as a way to demand a legislative provision or disapproving it.

This makes it like a trick made by the assigned against the legislator.

This study aims to clarify the bond between the man-made provisions and jurisprudential tricks, and the effect of the assigned to find man-made provisions on the validity of legislative provisions through the practical jurisprudences in the trusted books.

The researchers have employed the analytic inductive approach due to its applicability to the aspects of the study at hand.

The study concludes with the assigned running to find an effective man-made provision to prove the invalidity of a legislative provision, based on four conditions: the provision has a reason, the assigned’s intention to find a provision based on its reason, having an accusation and having a sin.