أثر الإمام الرئيس في رفع الخلاف المسائل الخلافية

Abstract EN

This article deals with the issue of an imam’s removal of disagreement in matters of conflict, which are the Shari'ah issues on which scholars disputed in two or more opinions.

The research problem is finding the limit of the imam’s dealing with the removal of disagreement; and whether the people are obligated to abide by his view in disputed issues; and explaining the nature of his dealing.

This research follows the analytical, descriptive and comparative approaches through presenting the concepts and terms related to the research and limiting the subject of the dispute to practical issues that are disputed in acts of worship, transactions, or customs if they do not relate to specific ones.

This study concludes that one of the reasons for the disagreement is the contradiction of some generalities.

The same applies to the difference in the interpretation of the athar (tradiions) on the issue.

Likewise, it concludes that the opinion of considering imam ’s ruling as binding is preponderant and it removes the disagreement in issues of jurisprudential dispute, and that his dealing at that time is a matter of Shari'ah policy that requires the imam to act in the parish according to the legitimate interest.