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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
Thu May 18 2023
Journal Name
College Of Islamic Sciences
The battle of Dumat al-Jandal And its impact on the era of prophecy And the righteous caliphate
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The research in Islamic history is considered a title for the glory of the nation and a mirror for the intellectual and mental maturity of the men of the Islamic state who played an important role in saving humanity from darkness to light and from ignorance to knowledge and to show their position in building the Islamic state, and to highlight the importance of their conquests of neighboring cities and the expansion of Islam, and for this reason they appear The importance of writing on the topic (The Battle of Dumat al-Jandal and its impact on the era of the Prophethood and the Rightly Guided Caliphate). The reason for choosing this topic was to show the status of Dumat al-Jandal and its importance in the Islamic state and its great role

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Sat Jun 14 2025
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Evaluation of the Geneva Conventions of 1949 and the role of the protecting power to implement its provisions
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The phenomenon of negative behavior has studied as a social and psychological phenomenon that effect on the performance and life of workers inside and outside the organization. The adoption of this phenomenon is studied in terms of the role of the interna
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Publication Date
Thu Dec 31 2020
Journal Name
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The Epistemological The Epistemological Foundations for Comparison of Religions by al-Amiri: The Epistemological Foundations for Comparison of Religions by al-Amiri
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Publication Date
Wed Mar 16 2016
Journal Name
Iraqi Journal Of Market Research And Consumer Protection
THE CAUSES OF THE PHENOMENON OF MARKETING DECEPTION AND ITS IMPACT IN THE AREAS OF CONSUMER PROTECTION/ SEARCH EXPLORATORY OF THE CONSUMERS PERSPECTIVE: THE CAUSES OF THE PHENOMENON OF MARKETING DECEPTION AND ITS IMPACT IN THE AREAS OF CONSUMER PROTECTION/ SEARCH EXPLORATORY OF THE CONSUMERS PERSPECTIVE
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