Bassam Hassan Al Aff^1
1Assistant Professor - Jurisprudence and its Principles in the Department of Islamic Studies, Al-Aqsa University, Gaza
Issue 90 | Pages:148-164 | September 2022 | https://doi.org/10.54940/si78812401 | PDF

Abstract

This research is entitled: (The Evidence of Negation، Its Judgment and Its Applications "A Fiqh Study") it deals with an in-depth study of an issue related to the jurisprudence of the judiciary، there was a dispute about it and details: Is the evidence of the denial accepted or not? What are the cases in which the evidence of the denial is accepted? And the cases in which it is not accepted، and then extracting the general officer for that، by talking about its nature in Sharia and law، and clarifying its origin, types and applications، according to the descriptive، inductive, and analytical approach.

The researcher reached to say that the original evidence of the denial is that it is not accepted، but with the follow-up to the branches، there are cases in which the evidence of the denial is accepted; And then reaching the general officer، “evidence of the denial is not accepted unless it is supported by a supporter”.

The researcher recommends organizing the provisions of the evidence of the denial and its proof، due to the large number of cases in which it is accepted and the emergence of new issues for it in the reality of the judiciary.

Keywords

Evidence of negation, judiciary, testimony of proof, frequency, subconscious experience.

How to Cite