مجلة الجامعة اليمنية : مجلة علمية محكمة - نصف سنوية تصدرها الجامعة اليمنية العدد الحادي عشر

حكم الجمع بين المختلفات والتفريق بين المتماثلات في بابي العقيدة والأحكام الشرعية

Abstract

This research entitled: [ The ruling on combining different things and differentiating between similar things in belief and Islamic rulings ], this topic has been a point of divergence between scholars of Usul (Islamic legal theory ) and Fiqh ( jurisprudence ), particularly in terms of its conceptual framework, sources, and legal implication-whether related to matters of creed or practical ruling, including both commands and jurisprudential issues. With the help of Allah Almighty, this study aims to clarify the concept of combining different things and differentiating between similar things among the fundamentalists, and to clarify the source of this topic and its branches, and to clarify the ruling on combining different things and differentiating between similar things in the aspect of belief, and the ruling on combining different things and differentiating between similar things in the aspect of Islamic rulings ,the imperative and jurisprudential, and the researcher used the descriptive analytical method in studying this research, and the most prominent results reached were the following: In the aspect of belief, it is not permissible to combine different things and differentiate between similar things, and the same is also in the aspect of legal imperative rulings, but in the aspect of legal jurisprudential rulings, it is permissible to combine different things and differentiate between similar things if they share the reason for the ruling, so equalizing punishments with different crimes is not befitting of wisdom and is not desirable, but rather contrary to wisdom and interest.  That things that are different share many things, and things that are similar differ in many things, and God Almighty is wiser and more knowledgeable than to give preference to one example over another in every respect without a characteristic that requires it to be given preference. This is impossible in His creation and command, just as He Almighty does not differentiate between things that are similar in every respect; His wisdom and justice reject this and that.