مفهوم المخالفة وأثره في الأحكام الفقهية : دراسة تطبيقية على بعض أبواب العبادات

Abstract

All praises be to Allah, the lord of universe. May the peace and blessings of Allah be upon the most pleasant messenger Muhammad (peace be upon him), upon his family and All his Companions. This study presents the subject of the concept of disagreement and its influence upon the doctrinal command, applying to some adorations principles, as the disagreement concept has conflict among the legist and durst scholars, therefore the problem exists in the differences of the evidence of the disagreement concept and the doctrinal effects resulting from that, and its influence upon the doctrinal subdivisions, the study aimed at clearing up the evidence and what becomes the consequences of differences of the effects, the importance of this study arises from the fact that the notion of disagreement is considered as a base of the important proper base and it is a way of the ways of taking out the rules of legal texts of Qur'an and Sunna, the importance of this study go back the fact that it combines between that theoretical and practical sides of which the importance of doctrine foundation science and its practical benefit appear, the researcher depends on the scientific methodology that based on the inductive and comparative methods and she embarks upon exemplifying, analysis and discussion to come out with total perspective of the subject of the a the study includes five chapter and a conclusion the first chapter present the bases of the research, the second chapter is about the way of the meaning of terms of the rules in scholars opinion, as to third chapter it deals with the definition of the disagreement concept, its conditions, field, prohibitive and the scholars belief and evidence, the fourth chapter deals with the kinds and evidence of the disagreement concept, as for the fifth chapter it tackles the doctrinal applications of the disagreement concept and its effect upon the rules of fasting, pilgrimage, minor hajj, and jihad. From the most significant out comes that the research obtained is that the disagreement concept is a proper rule that is considered in taking out the legal rules, and the differences have. Form the most sigrificaut outcutris that the researcher obtained is that , the disagreement concept is aproper rule that is considered in taking out the legal rules, and the differences in disagreement, concept have strong in fluency up on doctrinal terms and their applications, the researcher stated number of recommend dations, form which: the researcher and exploration in scholar publication wich was prodwed by the formers , and their demaustration in away that makes chem close to be attained as possible , and carrying out more protical legal studes, and paying attention to forming of law suljets and applying legal rules up on them, and that is for concidering both the legal rules and the suljects of law as legislation ,also the researcher recommenes to the amabi lauguage grammer and it styles.