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Taa'rud and Ijtihad

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					Taa'rud (conflict of evidences)
              &
           Ijtihad
 Taa'rud (conflict of evidences):
• Taarud means that two evidence of
  Shariah are of equal strength and they
  require opposite of each other.
• A conflict is thus not expected to occur if
  the two evidences are of unequal strength,
  because the stronger evidence will prevail.
      Conflict can only arise -
if the rulings of the two evidences can not be
   reconciled, i.e., the subject matter of one
   can not be distinguished from the other or
   the time sequence of them can not be
   distinguished
          How to reconcile?
• Must try to reconcile the apparent conflict
  in which case both the evidence will be
  applicable in different sets of
  circumstances
          How to reconcile??
• If its not possible, try to prefer one over the
  other, thus at least one evidence will be
  kept

• If this is not possible, then, he would see
  the time sequence and apply the principle
  of abrogation
                Example
When two evidences in conflict are Amm
  (general), one may try to distinguish the
  subject matter of application
(e.g.,, one may be applicable to adult & the
  other to the minor;
or one may be applicable to married people
  & the other to unmarried people)
         Rules of preference
• Clear texts will be preferred over unclear
  texts.
• Sarih (plain) will be preferred over Kinayah
  (allusive), Haqiqi (literal) over Majaji
  (metaphorical) and so on.
• Ibarah al Nass will be preferred over
  Isharah al Nass and so on. (see
  Interpretation chapter of this course).
          Rule of preference
• Mutawatir Hadith will be preferred over
  Mashhur & Mashhur will be preferred over
  Ahad.
• Hadith transmitted by Faqih or leading
  companions are preferred over others.
• Affirmative rule takes priority over negative
  (see text).
• Similarly prohibition takes priority over
  permissibility.
• If attempts at reconciliation or preference
  fail, then resort should be taken to
  abrogation (Naskh).

				
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posted:4/7/2010
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