الترجيح بالقرينة الطبية -اعتبار الإنبات علامة للبلوغ أنموذجا- دراسة نظرية تطبيقية مقارنة الباحث عمر بن نواف بن سعيد المرواني الجهني

Abstract The study aims to clarify the concept of weighting by medical evidence and to demonstrate the impact of medical evidence on an important jurisprudential issue, namely, considering the appearance of pubic hair as an indication of puberty. This is achieved by explaining the concept of weighting among the opinions of jurists, defining medical evidence, examining the juristic characterization of weighting based on such evidence, and highlighting the role of recent medical findings in strengthening one juristic opinion over another. The study then applies this approach to the issue of pubic hair growth by presenting the jurists’ opinions and their evidence, defining the precise area of disagreement, examining recent medical developments concerning pubic hair growth, and determining their impact on the process of weighting between the juristic opinions. The study employs inductive, analytical, comparative, and applied methodologies by surveying the opinions of jurists and their evidence, analyzing and comparing them, examining recent medical findings related to pubic hair growth, and clarifying their impact on the issue. The study concludes that weighting by medical evidence refers to strengthening one opinion in a disputed jurisprudential issue on the basis of findings established by recent studies. The recent medical evidence supports the opinion that the appearance of pubic hair is an indication of puberty without qualification, for both Muslims and non-Muslims, which is the position of the Malikis and Hanbalis, based on medical studies demonstrating a close association between the appearance of pubic hair and the development and onset of activity of the gonads accompanying puberty. The remaining findings are presented in their respective sections. Keywords: Weighting by Medical Evidence, Medical-Based Weighting, Pubic Hair Growth, Puberty, Medical Evidence, Recent Medical Developments.

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