The General and the Specific in the Rulings of Recommendation and Permissibility According to the Fundamentalists: A Theoretical and Applied Study 10.35781/1637-000-116-004

Abstract

This research aims to clarify the concept of generality and particularity in the rulings of recommendation and permissibility among the fundamentalists from several considerations, and to clarify the concept of generality and particularity and the differences between them and similar terms, and to show how the fundamentalists derived the rulings of recommendation and permissibility on the basis of generality and particularity, and to clarify what results from this graduation in jurisprudence for those charged, and the researcher used the descriptive analytical method in studying this research, and the most prominent results reached were: that the relationship between particulars and generalities is inseparable from each other, so ignoring the particular in terms of it being partial is ignoring the generality itself in reality, and because ignoring the particular as a whole leads to doubt in the generality, and that the rulings may differ according to the actions according to the particular it and generality, so the recommended is recommended by the part and required by the whole on the side of obligation, and this is due to external considerations, and likewise the permissible is permissible by the part and required by the whole on the side of recommendation or obligation, and permissible by the part and prohibited by the whole on the side of dislike or prevention, and it may be permissible Partially disliked or completely forbidden, and also the disliked may be partly disliked and completely forbidden, due to external considerations, and the difference between the communal obligation and the recommended part: the communal obligation is recommended partly and obligatory as a whole, considering the action itself and not the doer, while the recommended partly is obligatory as a whole, considering the persons, continuity, abstention from it, and times.