أثر المقاصد الشرعية في الجمع و الترجيح بين الأدلة المتعارضة : دراسة أصولية تطبيقية

Abstract EN

The combination and preference between proofs is a subject of controversy among jurists and fundamentalists.

This study comes to highlight the combination and preference between the proofs while considering the purposes of Shari’a, by elucidating the concepts of combination and preference between conflicting proofs with respect to Shari’a purposes.

The study then proceeds to application through which it highlights this aspect among the other aspects of combination and preference.

As for the purposes of Shari’a, the study dealt with two issues: townsman’s selling on behalf of a Bedouin and Islamic ruling on the recitation of poetry.

In regard to preference according to the purposes of Shari’a, the study dealt with two other issues: forcing the guardian of the virgin woman to marry and whether or not the basis of divorce is prohibition or permissibility.

The study concluded with the importance of the combination and preference between the proofs, because it includes the understanding of the Islamic legal text according to the aspect that the lawgiver wants.