Secondary provisions And the nature of the relationship between it and the initial rulings

Abstract

The issue of secondary rulings is considered one of the issues that the fundamentalists were interested in in their research, and most of their attention was focused on explaining how to combine them with the primary rulings, and explaining the technical aspect of prioritizing them over the primary rulings. Some of them argued that the rationale for prioritizing them is the claim of ruling the evidence of the secondary rulings over the evidence. The primary rulings and their denial of their subject matter are an act of worship. Some of them held that the reason for this is that the evidence of the secondary rulings is specific or restricted to the evidence of the primary rulings. Some of them held that the evidence of the primary rulings proves the judicial ruling while the evidence of the secondary rulings proves the actual ruling, and the actual ruling takes precedence over the ruling. Jurisdiction. Despite their success in this to the level of eliminating the inconsistency between primary rulings and secondary rulings at the level of making and legislation, they overlooked an important aspect, which is the inconsistency between the two rulings at the level of principles and properties, and only a few digressive statements were reported from them regarding that here or there, and for that reason it was The focus of this study is on clarifying the nature of that relationship, and giving the correct perspective for presenting secondary rulings over primary rulings in a way that can remove the contradiction between the two rulings by observing the world of compliance first, the world of making and legislation second, and the world of principles and properties third. This is done by always linking the secondary ruling to a purpose that is considered the most important in the eyes of the legislator, and he does not accept its lapse under any circumstances, and that purpose is the angel and basis for making the secondary ruling, and for that reason the submission is made in favor of the secondary ruling, in order to preserve that most important purpose.