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Volume :30 Issue : 102 2015      Add To Cart                                                                    Download

Regressive presumption of continuity( Alenetaaf) its reality, its rule as viewed by the scholars of the Principles of jurisprudence and its Jurisprudential effect

Auther : PhD. Saeed Bin Meteb Cardm Al- Qahtani

Regressive presumption of continuity( Alenetaaf) its reality, its rule as viewed by the scholars of the Principles of jurisprudence and its Jurisprudential effect PhD. Saeed Bin Meteb Cardm Al- Qahtani Associate Professor, Department of Principles of jurisprudence - the Faculty of Sharia and the Principles of Religion - King Khalid University Saudi Arabia Abstract: Praise be to Allah alone, and peace and blessings be upon the Prophet after whom no prophets to be sent I have dealt in this research( reverse presumption of continuity) ( Alenetaaf) its reality, its rule as viewed by the scholars of the Principles of jurisprudence and its Jurisprudential effect) the reality of this term which is: Moving from the future to the past, and this is Maalikis and Shaafa'is expression, while the Hanafis called it (Istnaad) "basing" Some of them researched it within the types of reasons; and the reasons was divided into seven sections, one of which: The reason its meaning and name not rule, and this is very close to the reverse presumption of continuity ( Alenetaaf), Some of which has the same meaning like: anticipated things (Mitrkabbat) arbitration of the case, reverse presumption of continuity, regressive presumption of continuity and the reactionary of certainty. There were terms related to regressive presumption of continuity( Alenetaaf). In general or absolute especiality such as: Islamic legitimate estimates as the regressive presumption of continuity is a way to fulfill the Islamic legitimate estimates. One of the terms that strongly resembles regressive presumption of continuity( Alenetaaf) : appearance and exposure, which Shafis call:(Attabayon) identification. Another term which resembles regressive presumption of continuity( Alenetaaf): retroactivity, and syriacs in terms of time, terms used by legal men. They mean the regressive presumption of continuity( Alenetaaf) , with some exceptions. Work with regressive presumption of continuity( Alenetaaf) differs , according to its resources, The difference in its impact in intention is more than in contracts. While we find that the regressive presumption of continuity( Alenetaaf) has no impact on the punishments, only as an exception, the work with regressive presumption of continuity( Alenetaaf) is very important to the judge and the mufti in the absence of clear evidence indicating the inferred issue. Jurisprudential works are full of jurisprudence branches that uses it as an arbitration. I have been mentioned some of them, and this shows its importance and its practical and the scholars depending on it.

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Nov 04, 2019

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