مفهوم المخالفة و أثره في الإجتهادات المعاصرة

Abstract

The concept of disobedience is considered one of the semantics of the terms related to the concept of the text, which the scholars of the origins have elaborated on in detailing its provisions and controlling the inference by it in deducing the legal rulings from its detailed evidence. This research came to show its concept among the fundamentalists, and its types that were famous for them: the concept of adjective, the concept of number, the concept of title, the concept of purpose, the concept of condition, the concept of limitation and the concept of exception. He exposed the extent to which the scholars differed in invoking it, and that the majority of the fundamentalists are based on itOne of the ways of denoting judgments legitimacy, and that it has conditions that they took into account. It had an impact and was used in deduction in contemporary jurisprudence, and among the most important examples of the effect of inferring it: the issue of theft of moral rights, the issue of rent ending with ownership, the issue of: plastic surgery, the issue of seeing the crescent by satellite, the issue of credit cards and cashing checks and others.