Rule: Commanding something is a prohibition of its opposite A comparative study of the principles of jurisprudence

Abstract

This research aims to solve the problem represented by our main question: Does the command indicate the prohibition of its opposite and its opposites according to the fundamentalists? And what is the type of indication? The research dealt with explaining the vocabulary of the rule and its general meaning, and defining the interests related to it and the differences between them. The solution to the problematic question in the research focused on clarifying and investigating the statements of the fundamentalists regarding whether the command requires the prohibition of the opposite or not, and in explaining the type of indication that requires the prohibition from the command, according to those who say that commanding something indicates the prohibition of its opposite, and that this entails legal prohibition, and comparing the statements and discussing their evidence. I adopted the inductive and analytical comparative approach; where I followed the texts used as evidence for the rule, and presented the statements of the fundamentalists, analyzing and criticizing them and comparing them. The most important results of the research emerged in the agreement of the fundamentalists that the command to do something is a prohibition against abandoning it, which is the same as saying that the command to do something is a prohibition against its opposite, or its negative opposite, or the general opposite, as all of these indicate one meaning. The difference of the fundamentalists in the meaning of the command to prohibit its opposite or its opposites, according to multiple statements. The most preponderant statement is (that the command to do something is a prohibition against its opposite by implication). The confusion of the Ash'aris and Mu'tazilites in the rule; due to their commitment to theological implications; which led them to confusion in their statements. Among the most important recommendations: Preparing a comparative scientific study on the opposite and the opposite and their impact on fundamentalist issues.