الترجيح بين النصوص عند تعارض الحَظْر والاباحة (دراسة اصولية تاصيلية مقارنة تطبيقية)

Weighting between texts when prohibition and permissibility conflict (an applied comparative fundamentalist study)

Primary textual sources are considered to be the highest forms of authority in Islamic Law. The signification of these texts is of many types. Of these are the significations of permissibility and impermissibility. From amongst the issues that face a (mujtahid) is the appearance of two differing texts relating to a single issue: one that indicates impermissibility and another that indicates permissibility. This study aims, in general, to shed light on the topic of contradiction and preference between legal proofs and, more specifically, contradictions between texts that indicate impermissibility and permissibility. This is undertaken through a presentation of the views of legal theorists, in terms of their theory and proofs, in addition to the study, analysis, and consolidation of these views along with the deduction of relevant conclusions. Thereafter, the paper turns to a practical application of these views upon a set of texts relating to various legal topics in order to elucidate the effect of the disagreement of legal theorists in this issue upon the disagreement of jurists in numerous other issues along with the researcher’s own personal view