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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 14 2020
Journal Name
Journal Of Planner And Development
Property ownership and its implications for urban development The Case study (the development project of the Rashid camp for housing in Baghdad)
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        Of the importance of the concept of ownership of real estate as the basic basis from which various projects are launched in various economic, tourism, and urban areas .... The need to research the diagnosis of real estate reality went astray in the difficulties, which played a decisive role in the process of urban development.

 

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Fri Jun 01 2018
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Journal Of Accounting And Financial Studies ( Jafs )
The reality of corporate tax and its role in the tax Revenues in Iraq: An analytical study for the years 2005-2010
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Sat Oct 01 2016
Journal Name
Journal Of Economics And Administrative Sciences
The Intellectual Capital And Its Revenues On The Investment Applied Research On Sample of Banks Listed on In The Iraq Stocks Exchange
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Thu Oct 28 2021
Journal Name
International Journal Of Research In Social Sciences And Humanities
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Crossref
Publication Date
Fri Feb 08 2019
Journal Name
Journal Of The College Of Education For Women
Iraq public exposuring to foreign satellites and its effect on the cultural identity
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Publication Date
Mon Mar 08 2021
Journal Name
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Publication Date
Wed Oct 05 2016
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Formal unknown and its role in enriching the speech communication designs women's fabrics
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Crossref
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Wed Mar 15 2023
Journal Name
Al-academy
Kinetic diversity and its effectiveness in the formal variables of industrial product design
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Crossref
Publication Date
Thu Mar 30 2023
Journal Name
College Of Islamic Sciences
The science of premeditation for Islamic scholars: Its causes, controls, etiquette, scientific effects
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Abstract

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Publication Date
Wed Aug 16 2023
Journal Name
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