The reason for disagreement about the essence of the evidence: a study in Islamic jurisprudence

• Published in: Journal of Law and Sustainable Development Vol. 11; no. 11; p. e2110
• Main Author: Alasmari, Mohammed Ali M.
• Format: Journal Article
• Language: English
• Published: 17.11.2023
• ISSN: 2764-4170; 2764-4170
• DOI: 10.55908/sdgs.v11i11.2110

Objective: This study delves into the definition of evidence in both language and Islamic jurisprudence. It also provides an explanation of the reasons behind differences in Islamic jurisprudence.   Methods: I utilized the method of induction to gather scientific material by examining relevant books of principles and extracting pertinent information. The first section of the research outlines the opinions of scholars and their supporting evidence for each school of thought, after clarifying the point of contention in the issue. In the second section, the reasons for differences in Islamic jurisprudence are divided into four categories, including issues related to principles and fundamentals, such as whether every jurist is infallible, distinguishing between evidence and indication, and distinguishing between certainty and conjecture. The final reason relates to theological principles, specifically the issue of prioritizing reason over tradition.   Results: The significance of studying Usul al-Fiqh in comprehending the reasons behind disagreements and their influence on the various branches of Islamic jurisprudence. Furthermore, the interdependence of Usuli issues, leads scholoars to become a source of Usuli disagreement.   Conclusion: One of the causes of Usuli disagreement in this matter is linked to theological issues, which sheds light on the connection between Usul al-Fiqh and the principles of religion.