الأصول العملية ودورها في القضايا الفقهية المعاصرة - الاستصحاب نموذجا

Abstract

     The science of the principles of jurisprudence is one of the important mechanical sciences in reaching the stage of deducing the legal ruling, and one of the most important of these topics in that science is the practical principles through which the jurist arrives at knowing the practical function of those charged after examining the evidence obtained from the Qur’an and the Noble Sunnah, so this research It is of great importance to know the mechanism for deriving the legal ruling on new contemporary issues that are placed on the table of deductive scientific research Therefore, this research tends to answer the important questions related to the mechanism of the jurist in the process of deriving the legal ruling, especially the topic of istishab, in which there is a lot of scientific discussion regarding its nature, limits, and jurisprudential uses. This research consisted of two sections and several demands related to discussing the definition of istishab, revising the subject of the dispute in it, and its types related to it. For the branches, then proceed to the most important jurisprudential applications that fall within these topics, hoping from God Almighty for guidance and success.