الحجية الكاملة للإثبات بالدليل الكتابي "دراسة مقارنة بين الفقه الإسلامي وتطبيقات القضاء الفرنسي وبعض البلدان العربية"

Abstract

The most modern positive laws in France for example, end with what the Islamic had started with. Depending on a scientific comparison for the recent lawful ideas and judicial decisions concluded by the positive laws would result in giving a clear Islamic superiority in different fields. Still there is an emergent need for a logical classification that goes hand by hand with the development of the science of Indexing in such a way to clarify the statue of the Islamic Jurisprudence through simple access to the subject required. There should be a guarantee for a comprehensive point that deal with different sides of the research required. Though the theory of the (Ways of proof and its evidences) is considered one of the mose complex theories, taking it in consideration for the process of comparison supports the idea of that superiority of the Islamic Jurisprudence over the positive laws.