قاعدة اختلاف الأسباب بمنزلة اختلاف الأعيان دراسة فقهيّة تأصيليّة تطبيقيّة

قاعدة اختلاف الأسباب بمنزلة اختلاف الأعيان

Abstract

The rule “Difference in causes is like differing objects” is one of the great rules of great importance in Islamic jurisprudence. Related to the theory of ownership and its rulings, and with the importance of this rule and its connection to a group of legal rules, and the jurists inferred from it and gave their justification for many rulings about it, but they did not highlight it like other rules of jurisprudence that are no less important than it, and it was not mentioned - despite its importance - in the books of rules except Rarely, unfortunately, I did not find an explanation for it. The research included a comprehensive applied study of the rule through a scientific approach, by documenting it from its original sources, with an explanation of its conditions and evidence indicating the necessity of considering it and working with it in the rulings. its legal dimensions; In order not to be misunderstood, the research also included a number of applications and branches falling under it, with reference to a number of contemporary calamities.

In my research, I reached the results that I mentioned at the bottom of the research, after studying the rule in terms of rooting and application.