تعارض النصين الناقل و المقرر : دراسة أصولية تطبيقية

Abstract EN

This research is related to an important issue among the fundamentalists, which is the “contradiction in the narrator and rapporteur texts”.

Its importance comes from the fact that the dispute in it was the source of another topic: “contradiction between prohibitor and allower” as some fundamentalists mentioned.

I have made the research in a preface, two studies and a conclusion.

I have started by defining the contradiction in terms of language and terminology .

The first study was about the theoretical study of the topic, showing its features and distinguishing between it and similar topics such as “contradiction of the affirmative and negative”.

Moreover, I illustrated the men of knowledge sayings coupled with evidences, discussions and preponderances .

The second study was about the application jurisprudence in the topic.

The research was organized in six topics in various chapters of jurisprudence, including the issue of "the husband and the wife performing ablution using the same jug", the issue of "Mahram marriage, people with whom marriage is prohibited", and the issue of "eating hyena meat." Then the research was concluded with some results, such as the contradiction in the Islamic law texts do not take place in reality and the same issue.

The juristic school of thought that goes with the opinion of preferring the narrator to the rapporteur that is considered by the jurists and scholars of the Muslim world.