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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
Wed Dec 11 2019
Journal Name
Journal Of The College Of Education For Women
Investigating Difficulties Faced by Iraqi EFL Learners in Identifying the Illocutionary Force of the Reduplicative Words
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A reduplicative word is an important phenomenon in all language studies because it reflects many functions in language communication such as plurality, emphasis, contrast, imitation.  The various instances of reduplicative words in a particular language reflect the richness and uniqueness of that language. Moreover, such variation gives insights into both culture and thought. A reduplicative word is a linguistic phenomenon found in the syntactic, morphological, phonological and semantic levels. The current study aims at investigating the illocutionary force of English reduplicative words in some selected English colloquial utterances. To achieve this aim, an analytical -pragmatic approach has been used by adopting Searle’s (1979)

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Thu May 12 2016
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Publication Date
Sun Feb 03 2019
Journal Name
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Publication Date
Thu Jan 10 2019
Journal Name
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Tribal separation and its relation to the organization of the community from the point of view of tribal sheikhs Field study in the City of Baghdad Sadr City model))
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Publication Date
Fri Sep 30 2022
Journal Name
College Of Islamic Sciences
The policy of Islamic legislation and its impact on the promotion of the values of justice and the fight against corruption: Legislation, Promotion, Values, Corruption, Justice, Collapse of Nation
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Since the advent of the sunrise of the immortal message, Islamic legislation has always established justice and the right guidance, and has prevented any perversion, injustice or corruption, with a divine system that called in its course the characteristics of the legislation on its general basis and its ability to develop, progressivity, and paving the way with a collective approach, accompanied by the worldly and moral punishment. When the corrupters went too far, reformers were delayed and values were missed; Mankind has been afflicted with the scourge of injustice and loss, and has lost sight of the approach that the Creator of the world has given to the people of the world, for what would guide them in their affairs sooner and later

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Thu Dec 01 2011
Journal Name
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The reality and fundamentals of the poultry industry and its implications on the prices of eggs and chickens in Iraq for the period from 2000 to 2009 (analytical study)
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Tue Mar 01 2016
Journal Name
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Energy Dissipation on the Ogee Spillways by Using Direction Diverting Blocks
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Publication Date
Mon Sep 14 2020
Journal Name
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Head injuries caused by the ritual of ‘Tatbir’: a neurosurgical perspective
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