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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 Apr 03 2011
Journal Name
Journal Of Educational And Psychological Researches
Constructing The Psychological Tranquility Scale of the University of Baghdad Students
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Constructing The Psychological Tranquility Scale of the University of Baghdad Students
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Publication Date
Wed Dec 14 2022
Journal Name
Nasaq Journal
The Effect of Co-text on the Comprehensibility of World Englishes
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MR Younus, Nasaq Journal, 2022

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Mon Sep 26 2022
Journal Name
Journal Of Advanced Research In Hr And Organizational Management
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Publication Date
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Journal Name
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Publication Date
Wed Jan 02 2019
Journal Name
Journal Of Educational And Psychological Researches
PROPOSED STANDARDS FOR EVALUATING THE EDUCATIONAL VIDEO ON THE SOCIAL MEDIA
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Publication Date
Tue Dec 16 2008
Journal Name
Journal Of Planner And Development
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Publication Date
Wed Feb 20 2019
Journal Name
Political Sciences Journal
Russian foreign policy towards the Arab Gulf For the post-2001
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Publication Date
Sun Dec 10 2017
Journal Name
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The speech communication btween the shape and content in commercial advertising
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Publication Date
Mon Feb 04 2019
Journal Name
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The Role of inherited occupations in cohesion of the family system
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