A legal discourse in the Qur’an and Sunnah is almost devoid of the use of one of the general formulas, and due to its frequent rotation in the tongue of the legislator, the formulas may overlap their members in apparently contradictory provisions, which makes the individual from the general members appear to the beholder to be covered by two contradictory provisions, and this research came to present what might happen to him The legal text interpreter of weighting between the two opposing texts is the strength of the generality that is established by the generality formula, so the two strongest formulas in the inclusion of its members outweigh the weaker of them and precede them, and the research decided that the formulas vary in the strength of the generality that it establishes. Decided by other formulas, then progressed in deduction if there is no way to combine them, and after deciding the aforementioned discrepancy in the strength of establishing the generality and the inclusion of individuals and its impact, the research turned to explaining the reasons for the differences in the formulas of generality in the strength of its foundation. The formula is in the comprehensiveness report, and it is proven that the formula is established linguistically and legally to benefit the public.
Receipt date:9/1/2020 accepted date:11/24/2020 Publication date:12/31/2021
This work is licensed under a Creative Commons Attribution 4.0 International License.
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