قاعدة مراعاة الخلاف : شروطها و تطبيقاتها و مستثنياتها و أثرها في الترجيح الفقهي

Abstract EN

This research seeks to study the rule of considering disagreement, give it an accurate definition, specify its conditions and give examples where it is applied and where it is not, with a special focus on its significance in jurisprudential weighing and a detailed examination of the importance of its aspects in the process of Ijtihad.

It is a rule on which scholars can rely to realize benefits, ward off evils, make things easy for people, safeguard religion, bring disparate attitudes together, use Shari’a’s evidence, and consider the ends that are recommended for consideration.

The researcher concluded that this rule is applied by all jurists according to certain conditions and listed applications of this rule by proponents of the four doctrines.

He also found out that there were exceptions to the application of this rule by jurists and gave examples of those exceptions.

The researcher found out that the rule of weighting is important to scholars, notably through applications.

Finally, the researcher advised the scholars of jurisprudence, jurisprudence and its origins and comparative jurisprudence to take care of this rule because it helps find a way out of controversial issues and brings views together, mainly regarding contemporary disasters.