al-Istidhkar — Ibn Abd al-Barr

The long-form text for this entry has not been written yet. The facts and connections below come from the museum's data.

Ikhtilaf (disagreement among jurists and its kinds)

Ikhtilaf (disagreement): true disagreement is contrariety; differences of expression and variety go back to agreement. Disagreement in religion has four kinds according to whether the principle is proved by decisive evidence; disagreement in ijtihad matters occurs and the dissenter is excused; it occurred in the time of the Companions; al-Shatibi reduced it to agreement in seeking the Lawgiver's purpose, and some scholars held it a mercy to the community.. On the causes of disagreement: some come from desire (blameworthy) and some from permitted ijtihad, with causes in the evidence (ambiguity, generality, abrogation, variant reports) and in the usuli rules; on denunciation and taking account: the disputed is not denounced except in cases, and leaving disagreement is recommended under conditions.. In acting on disagreement: the layman does not choose at will but takes the preponderant view; the judge rules by the view preponderant to him; a judgement ends the dispute for its case and ijtihad is not annulled by its like; the imam's act ends the dispute for the past; prayer behind a dissenter is lawful; and conflicting evidence is reconciled, preferred, or the later taken as abrogating..

al-Istidhkar — Ibn Abd al-Barr

At a glance

Connections

People and things also explored

Sources

Ikhtilaf (disagreement among jurists and its kinds)