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The rule (The inference is not invalidated by its like)
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In the name of of Allah the Merciful

Research Summary

This rule is one of the common rules between the sciences of the principles of jurisprudence and the jurisprudence rules. It is originally a fundamental rule because it relates to one of the topics of the science of the principles of jurisprudence, which is ijtihad. The ruling on reversing his ijtihad is permissible or not (1), and for this reason Ibn Al-Subki titled it in his book Al-Ishbah wa Al-Nazaer by saying: “What invalidates the judge’s judgment and what does not invalidate it.” ([2]).

The importance of this rule comes from the need for it by the judge, the mufti and the imitator, for the judge needs it to know the matters in which the ruling based on ijtihad is invalidated, and the mufti needs it to know the cases in which the work with his first ijtihad is invalidated, and the imitator needs it to know the ruling on staying on the first ijtihad, is it possible to stick to it or Moving on to a second diligence, all these issues have been presented between the folds of the research.

The research plan consisted of four sections.

Presented in the first topic: the definition of the vocabulary of the rule, and a statement of its meaning, and its rooting for transmission.

I presented in the second topic: the mental rooting of the rule, I dealt with the first requirement of the definition of the mujtahid and its conditions and provisions of ijtihad for the mujtahids, and I dealt with the second requirement of the mujtahid in it, its definition, and how the mujtahid works in the diligent in it.

And I presented in the third topic: the basis of ijtihad (presumptive ijtihad), I dealt with the first requirement of the dispute whether every mujtahid is right or the right one is one.

And presented in the fourth topic: applications of the rule and its exceptions.

 


[1]) See the investigation of the order of the laali in the wire of the amali by Nazer Zadeh, Khaled Abdulaziz bin Suleiman, (Al-Rushd Library) Riyadh, Edition 1, 2004 AD,: 1/247.

[2] ) The Similarities and Isotopes, Taj Al-Din Abdul-Wahhab bin Ali bin Abdul Kafi Al-Subki (d. 771), (Dar Al-Kutub Al-Ilmiyya), Beirut, 1, 1422 AH - 2001 AD,: 1/401.

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Publication Date
Sun Dec 20 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The role of the external audit in improving the performance of the services provided: Applied research in the municipal directorate in ALMuthanna
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Tue Dec 06 2011
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Journal Of Planner And Development
The Development of the planning and architectural thought of the holy city of Kadhimia in line with the spirit of the time
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Publication Date
Wed Dec 30 2015
Journal Name
College Of Islamic Sciences
The communicative dimension of Andalusian-Moroccan poetry In the classification and refining book (The pleasure of the soul of the five senses)
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Publication Date
Mon Oct 01 2018
Journal Name
Journal Of Economics And Administrative Sciences
Evaluate the implementation of the investment plan projects A study on the field of the plan projects for the period 2013-2016
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Crossref
Publication Date
Tue Jun 30 2015
Journal Name
College Of Islamic Sciences
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The follower to study the markets in the Islamic Mashreq (Iraq, Persia and the country of Ma
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Publication Date
Sat Jun 30 2018
Journal Name
College Of Islamic Sciences
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Publication Date
Fri Oct 11 2019
Journal Name
Journal Of The College Of Education For Women
The Symbolic Interaction of the Kindergarten
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The Symbolic Interaction of the Kindergarten

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Publication Date
Tue Jan 29 2019
Journal Name
Journal Of The College Of Education For Women
The Similarity in the Holy Quran
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Publication Date
Mon Sep 03 2018
Journal Name
Al-academy
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Crossref
Publication Date
Mon Feb 19 2018
Journal Name
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The idea strategy in the theater
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