The views of famous late jurists, regarding conflicting evidence

Document Type : Original Article

Authors

• Mahdie Abachi ¹
• Mahdie Abachi ¹
• Mohsen Razmi ²

¹ Department of Fiqh and Basics of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.

² Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.

Abstract

The conflict of proofs is one of the most important issues, and even in relation to its position, there is a difference of opinion among usulists in the science of principles. This issue has been the focus of usulians in different historical periods. The purpose of the article is to examine the question of how Arush is faced with conflicting evidence from the point of view of famous late jurists. In the current research, the mentioned question has been investigated with descriptive analytical method and library tools. The results of the research show that the late period reached its peak of perfection with the appearance of Sheikh Ansari, Akhond Khorasani and other great scholars of Islamic jurisprudence and scientists, and accuracy and scrutiny in fundamental issues in this period is one of the advantages of this period compared to the previous period. And very broad fundamental issues and very formal and regular topics were raised. By referring to several main books, the researcher obtains the opinions and opinions of the majority of jurists. During this period, Sheikh Ansari removed Sunni principles from fiqh in general and actually created principles devoid of Sunni principles. However, the issues were completely raised in this period, even though their starting point had already been set. New perspectives were presented taking into account the new variables and the daily needs of the society, and as a result, it moved in the direction of adapting to the legislative environment and the new theories of Islamic government, including the theory of religious authority.

Keywords

• conflict of evidence
• evolution
• custom
• late jurisprudence

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