vol 25 no3,2025
"The Effect of External Considerations on Conflicting Reports in Jurisprudential Disagreement: A Foundational and Applied Study in Matters of Worship"
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"The Effect of External Considerations on Conflicting Reports in Jurisprudential Disagreement: A Foundational and Applied Study in Matters of Worship".
| Muhammad Ahmed Ibrahim Allan | Abdul Rahman Ibrahim Zaid Al Kilani |
| Faculty of Sharia
University of Jordan/ Jordan This email address is being protected from spambots. You need JavaScript enabled to view it.
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| Received : 21/04/2024 | Accepted : 18/07/2024 |
Abstract:
This study examines the role of external considerations (al-marājihāt al-khārijiyya) in resolving apparent conflicts between reports in matters of worship. External considerations are recognized as one of the causes of jurisprudential disagreement among usūl scholars. When two reports conflict and reconciliation or identification of abrogating and abrogated texts is insufficient, jurists resort to external considerations to give preference to one report over another, based on supporting evidence from the Qur'an, Sunnah, consensus, analogy, or the practice of the Companions, pious predecessors, or the people of Madinah. The purpose of such preference is to strengthen certainty (ẓann) and to prevent the obstruction of people's interests, thereby safeguarding the objectives of the Sharīʿah. The study further addresses the scholarly disagreement over the acceptance of external considerations, particularly between the Hanafis and the majority of usūl scholars, stemming from differing definitions and conditions of preference. The research highlights the origins of this disagreement and its practical implications for juristic reasoning
Keywords: External weightings between conflicting reports, weighting based on the abundance of evidence, the majority of fundamentalists, Hanafi school.