القواعد الاصولية واثرها في الخلاف الفقهي وبعض نماذجها من خلال كتاب مناهج التحصيل للامام الرجراجي

Abstract

This Master’s thesis deals with the fundamental rules and their impact on the jurisprudential (Fiqh) difference by practical examples from the RAJRAJI book “Manahij Eltahssil” where its problematic is: to what extent did the fundamentalist rules influence the jurisprudential difference in general and on Al-Malikiya in particular? For this reason I choose the book “Manahij Eltahssil” as a model study. In order to answer this question, I divided my plan into : to introduce the topic in all its aspects. A preliminary study, devoted to the definition of fundamentalist rules and their characteristics, the jurisprudential difference and its types, following by the definition of the book "Manahij etahsil" and its author “Abi Said Rajaji”. After that, I start the first section by exposing the basis of Islamic legal judgment while the second section is devoted to semantic rules. However, the third section contains the fundamental rules related to the legal evidence (argument) dependency. Finally, we finished with a conclusion summarizing all the most important results such : as the rules of fundamentalism had an impact on the difference of jurisprudence between the schools, they had also an impact on the difference between Maliki scientists.