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Title: التعارض والترجيح بين الأدلة الشرعية : دراسة تطبيقية على الأحكام
Authors: الحسن بللو
Keywords: الأدلة الشرعية
التعارض والترجيح
Issue Date: 2019
Publisher: جامعة إفريقيا العالمية
Citation: جامعــة أفريقيا العالمية- عمادة الدراسات العليا- كليـة الشريعة والقانون - قسم الشريعة
Abstract: This research work contains contradiction and possibility between the evidences of lawfulness: practical study upon judgment .This project is among parts of fundamental jurisprudential; is going to assist the hardworking scholar to practice the evidences of lawfulness upon judgment and to put every evidence in an appropriate place and his knowledge upon lack of contradiction upon the evidence. Sound And Allah had descend his judgment and shariah the body of Islamic law gradually for practice of it upon his slaves, to carry it out of what had been made compulsory upon them; and shows from those contradictory evidences that; there is some hardship that has been removed and legislate generosity and it sufficient to know shariah as a generous faithful. And to well cognisant of contradiction and possibility is among the most important equipment that the hardworking scholar can use to understand the Islamic shariah text and in a correct way. And the one that increase the privilege of extraction of fact in judgment from evidence that comprehensive. And it shows a way in front of him, the clear light to Islamic shariah text and to apply it and decide about it. Also familiarity to knows Islamic shariah text that is upon precises and similar in revelation and how to choose a correct accuracy for it and bring close to exact understanding of Islamic shariah text in a very clear form, because there is no a perfect contradiction in the Islamic shariah text that are sound, and we cannot think of its existence because it is from Allah taala that judged upon everything of his creation. And the targeted goals of the researcher is to proof from his work of study; aims to bring to us a way of understanding the sound Islamic shariah text and practicing upon aims and objectives of Allah ,through mechanism that are sound; the one that shows non _existing of contradiction in the Islamic shariah text and understanding of how to classified the levels of evidence if they become the same level or standard of not non _ carelessness and to decide the authentics amongst them, and what work has been done upon it, at the end or the work is upon it before from the point of edition or canceling and duplicate. And to practice that very Islamic sharia text that shows the study ,that is the targeted aims from among Islamic sharia text that are contradictory upon verdict of legitimate that is required to work upon. And to confirm that the verdict that had been revealed from almighty Allah not decrease and contradict from among them, according to how it had been explained from authentic sources and a complete investigation in accordance to revelation and purpose of revelation and appropriate confirmation. And amongst the most important results that had been resolved from this project work; that contradiction between the evidence Islamic lawfulness accept two evidences, according to opposition counterfeit, but it has to be amongst the two evidence or more not from nonevidences. And this is going to show from observation of hardworking scholar, and not well known a correct contradiction among the evidence of Islamic lawfulness (shariah) but his work is upon evidences that shows verdict of jurisprudent. And contradiction according to its fundamental understanding has to be at its physical meaning only, because contradiction is depends on imagination not authentication, against the contrariety; is going to be at physical features, according to how is going to be at factual, from this point of view; it has to present at the evidence of definite and indefinite upon terms are equals from the point of view that is imagination not authentic factual at the present. And any moment it happen, the contradiction amongst the evidences from the point of view of hardworking scholar; and it is mandatory upon him to confirm a correct evidence to back it up or to uplift it; because there is no an authentic contradiction in Islamic evidences that are lawfulness, and it is unimaginable it presents, because is from Allah that had been given judgment upon everything from himself, and it is well know that the judgment of Islamic conjunction is from one sources and with a standard methodology that is not possible to come to an imperfection(false) directly or indirectly, it is being descend from Almighty Allah (wiser and knower of everything ) and that is through compilation and adaptation amongst them or possibility, or reduplication or cessation.
Appears in Collections:أطروحات الماجستير

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