الاكاديمية للدراسات الاجتماعية و الانسانية
Volume 5, Numéro 1, Pages 86-94

الاستثناء من القواعد الفقهية واشكاليته على الفقه والقواعد الفقهية

الكاتب : توفيق يحي امحمد .

الملخص

Jurisprudence as one of the most important Islamic sciences faces many problems that threat it. One of these problems is the existance of different exceptions to the jurisprudence rule; a legal scholar for example may sometimes be confused if a certain action can be judged on the bases of the rule or as an exception. This poses a threat to the vast wealth of jurisprudence rules, therefore beholders in this science realize that this science can not be protested and they even differ in defining these rules because of exceptions. As a result of research it was observed that exceptions is not valuable to be cited in rules books but many of it is unvalid. However these issues emerging from the rules can be controled and organized and set in other rules.

الكلمات المفتاحية

Jurisprudence Rules, Impact, Doctrinal Rules.