A Comparative Analysis of Methodologies of Islamic Jurists (Usuliyeen) for Resolving Conflicts among Legal Evidences
Abstract
Shari'ah (Islamic law) is free from any kind of conflict among legal
evidences (Adill’ah) to establish a harmonized and just society in this world.
In the sources of Shari'ah, contradiction is found due to certian limitations on
the part of jurists as a human being. To meet the issues of contradiction, four
steps (Nasa’kh, Tarjeeh, Jamma, Tawaquf) are expressed by three
prominent schools of Usuliyen with a specific sequence to reconcile the
emerging differences in devine guidance extracted from primary sources of
Shari’ah. Although, the Hanafi school first opts for abrogation (Naskh),
failing which it goes for preference (Tarjih), and finally they try
reconciliation (Jamah). If all of these are not possible, it abandons all the
evidences presuming that the transmitters might have committed a mistake in
understanging them. This study was carried out to comparatively analyse the
methodologies adopted by Jurists in a handful way.
The basic cocept of taa’rud (Contradiction) is clarified with the help of
definition from Islamic jurists. The article sheds a light on different methods
to settle down the conflicts and contradictions from perspective of the views
of different juristic schools of thought. The arguments and legal evidences
have been analysed one by one to understand the approaches of jurists. The
article concludes with the most preferable method of resolving conflict that
we shall adopt the principle of “Bar’at-e-Asleyy’ah” in absence of any
evidence to resolve the conflict emerging among two versus or traditons of
Holy Prophet (SAWW), that is the practice of society before these
contradicting commondments. Yet, there is crucial need to explore the topic
through available resources that have made the communication of
knowledge easy to researchers than ever before.
Rizwan Younas, Prof. Dr. Hamayun Abbas. (2018) رفع تعارض میں اصولیین کے مناہج کا تقابلی جائزہ, Hazara Islamicus, Volume 7, Issue 1.
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