Taa'rud (conflict of evidences) & Ijtihad

1. Taa'rud (conflict of evidences) & Ijtihad

2. Taa'rud (conflict of evidences): • Taarud means that two evidence of Shariah are of equal strength and they require opposite of each other. • A conflict is thus not expected to occur if the two evidences are of unequal strength, because the stronger evidence will prevail.

3. Conflict can only arise - if the rulings of the two evidences can not be reconciled, i.e., the subject matter of one can not be distinguished from the other or the time sequence of them can not be distinguished

4. How to reconcile? • Must try to reconcile the apparent conflict in which case both the evidence will be applicable in different sets of circumstances

5. How to reconcile?? • If its not possible, try to prefer one over the other, thus at least one evidence will be kept • If this is not possible, then, he would see the time sequence and apply the principle of abrogation

6. Example When two evidences in conflict are Amm (general), one may try to distinguish the subject matter of application (e.g.,, one may be applicable to adult & the other to the minor; or one may be applicable to married people & the other to unmarried people)

7. Rules of preference • Clear texts will be preferred over unclear texts.  • Sarih (plain) will be preferred over Kinayah (allusive), Haqiqi (literal) over Majaji (metaphorical) and so on.   • Ibarah al Nass will be preferred over Isharah al Nass and so on. (see Interpretation chapter of this course). 

8. Rule of preference • Mutawatir Hadith will be preferred over Mashhur & Mashhur will be preferred over Ahad.  • Hadith transmitted by Faqih or leading companions are preferred over others.   • Affirmative rule takes priority over negative (see text). 

9. Similarly prohibition takes priority over permissibility.  • If attempts at reconciliation or preference fail, then resort should be taken to abrogation (Naskh).