قاعدة حكم الحاكم يرفع الخلاف
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جامعة عمار ثليجي الاغواط
Abstract
ملخص البحث
تناول البحث دراسة تأصيلية مقاصيدية لقاعدة حكم الحاكم يرفع الخلاف إذ تعتبر القاعدة من أهم
القواعد الفقهية الأصولية المهمة والتي يمكن توظيفها في العديد من مجالات الحياة المختلفة من
عبادات ومعاملات ، كما أن هذا الموضوع له صلة بجميع أصناف الناس على تفاوت مراتبهم
من قضاة أو مفتين أو باحثين أو عامة الناس وقد جمعت هذه الدراسة بين الجانب النظري
والتطبيقي
أما الجانب النظري فقد بينت فيه بعض المفاهيم التي لها صلة بالموضوع كعلم المقاصد
والسياسة الشرعية والمصالح العامة والقضاء والفتوى مع بيان المفهوم العام للقاعدة وأدلتها
وضوابطها
أما الجانب التطبيقي فقد درست فيه ثلاثة مسائل آنية عصرية مهمة تتعلق بمصالح الناس في
الدنيا و الآخرة وهي الصلاة بالتباعد في زمن الوباء ، والفحص الطبي قبل الزواج والتسعير ، ثم
ختمت البحث بأهم النتائج والتوصيات
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ملخص البحث
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