Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The development of the conflict of arguments from the point of view of famous jurists and late usulists

Document Type : .

Authors
1 Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Azad Islamic Institute, Mashhad, Iran.
2 Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran. (Corresponding author)
3 3- Department of Islamic Jurisprudence and Fundamentals, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
10.22034/ejs.2023.364156.1307
Abstract
Background and Aim: One of the things that has been found to be 
important for understanding jurisprudence issues was and still is the 
science of principles, which has tips and discussions for understanding 
and explaining the fundamental laws of Islam and applying divine 
decrees, which are topics that specifically help. To the transparency of 
hadiths. And the appearance of the word A... makes a discussion between 
preferences that resolves the conflict between two or more different 
hadiths.
Materials and Methods: This research is of a theoretical type, the 
research method is descriptive and analytical, and the method of collecting 
information is library-based, and it was done by referring to documents, 
books and articles.
Ethical considerations: In all stages of writing the present research, 
while respecting the originality of the texts, honesty and trustworthiness 
have been observed.
Findings: The criterion in the conflict is the falsity of the reasons in the 
legislation, which means that one of the two reasons has not been 
legislated from the Shari'ah, therefore, the criterion for the action is Aqvi 
al-Dalatin. In the case of conflict, we first act through customary 
pluralism, and if this is not possible, whichever of the two reasons is 
preferable is taken; But we have two reasons in the conflict, both of which 
have passed the limit of the law. The solution is to act according to the 
rights of the owners, and in case of a tie, it is the criterion of choice.
Conclusion: The verdict of two conflicting hadiths and narrations that are 
balanced in all aspects and there is no preference or advantage for the 
other. From the point of view of reason, it is falling. From the perspective 
of traditions, it was deduced that caution is close to falling from the point 
of view of action, and both (reason and Sharia) have reached a single 
conclusion, also when the opposites are preferable. By preferring those 
preferences, the problem of conflict disappears. Another way is the 
common combination between two reasons. 
Keywords