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The Formulation of Jurisprudential Principles Based on Analogy: A Foundational and Analytical Study

Issue 104, Page 80-97

Abstract

Topic: Jurisprudence Measurement Analytical Rooting Study. Objectives: The research aims to: achieve the impact of measurement in its sections on the formation of doctrinal rules. Detection of the trajectories on which to devise the cause in the standard rules incorporating the fulfilment of the statute. And indicate the degree of authenticity of the most important standard rules. and a statement of the overarching meanings on which standard jurisprudence is based. Research methodology: Followed the inductive approach in the collection of standard rules, and then followed the analytical and analytical approach to determine the impact of measurement, and the modular vein in its formulation. Results: that the doctrinal rule varies the power of reasoning according to the strength of its source and by the source's indication of the text or meaning of the rule. The application of the rule to the section for which the inference is sought varies according to the constituent source of the rule's jurisprudence. The trajectory based on the legitimate text varies in its degree in establishing an overarching characterization between explicit, manifest and gesture. Recommendations: The researcher recommends a comparative analysis of the perception of disagreement between doctrines in the graduation of branches on the rules that are in agreement between them.


Corresponding Author

omar abdullh alshehabi

Associate Professor، Kuwait


About the Article

Article Type

Original Article

Language

Arabic

Receive Date

06 May 2024

Review Date

25 May 2024

Accept Date

03 Jun 2024

Open Access

Yes

Copyright License

1658-8738/© 2026 للمؤلفين. نشرتها مجلة جامعة أم القرى للعلوم الشرعية والدراسات الإسلامية، وهي مقالة مفتوحة الوصول وموزعة وفق شروط وأحكام/https://creativecommons.org/licenses/by-nc/4.0

أستاذ

أ.د. عبدالله بن حسين العمودي

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Magazine Info

ISSN: 1658-8738