الخروج من الخلاف الفقهي : مفهومه و مسالكه

Abstract EN

Difference of opinions about secondary issues of Fiqh comes as one of the natural results of al-ijtihad.

This is one of the examples on the flexibility and vitality of Islamic Law.

It indicates scholar's use of Reason and their concerns about reaching a sound view.

Thus, difference of opinions is acceptable in Islamic Law.

It is a heritage transmitted from ancestors to predecessors and a way for finding legal rulings.

This difference, therefore, has reasons and controls which classify at into valid or invalid difference.

To escape from the differences in Fiqh issues and decide which view is meant by the Legislator there is a variety of methods.

These methods are categorized into: First: making reference to the rules and principles of the discipline of conflict and harmonization.

This discipline was established by scholars of usul al-fiqh who presented its principles, conditions and controls which are to be followed for preferring one piece of evidence over the others.

This is in order to make sound ijtihad and harmonize contradictory pieces of evidence.

Second: following the experimental method where scholars consult the experts in the issue in question and Science in the light of the rules of legislation and objectives of Islamic Law.

Of the examples on this is when we refer to the Muslim ruler's selection to judge between parties.