دلالة مفهوم الموافقة على الأحکام

حسن سنوسی عبدالوهاب حسن
2020 مجلة کلیة الشریعة والقانون بأسیوط دوریة علمیة محکمة  
The concept of mūwāfaqah refers to the application of a ruling on a specific case to another one, because they have similar justifications that can be understood from the language without the need for juristic reasoning or consideration. It is called mūwāfaqah (literally: matching) because the case at hand and the hypothetical one agree in their rulings. This concept is technically referred to as 'textual reference', 'discourse content' 'discourse concept', 'stimulation', 'priority analogy',
more » ... 'obvious analogy'. The concept of mūwāfaqah has an important condition, which is to understand fully the meaning of the ruling on the case at hand, and to see clearly that it applies to a similar one. Scholars of fundamentalist jurisprudence agree about using the concept of mūwāfaqah as a method of proving a point, and that the rulings based on this method are legal and should be accepted and executed. The present study has cited a lot of examples from various branches of jurisprudence, in addition to citing proofs through reasoning and quoting. Thus, the opinion of Ibn Hazm, and those who agree with him about rejecting the concept of mūwāfaqah, breaks the general rule.
doi:10.21608/jfsu.2020.90168 fatcat:rvccjklmcbgr5ktfjyhto4dgai