Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 29]
Ordering proofs is needed when there is a contradiction between proofs.
• Clear proofs are given precedence over unclear ones. For example, words that are used in their literal meanings are given precedence over words that are used in their metaphorical meanings.
• Proofs that convey certain knowledge are given precedence over proofs that convey surmise and probability. For example, mutawatir hadiths are given precedence over ahad hadiths.
• Texts mentioned in the Quran and Sunnah of Messenger Muhammad are given precedence over Qiyas (Analogical Reasoning) in case of contradiction and impossibility of reconciliation; however, if the text mentioned in the Quran or the Sunnah are general texts, then they may be specified by Qiyas.
• Clear Qiyas (Analogical Reasoning) is given precedence over unclear Qiyas. For example, Qiyas of effective cause is given precedence over Qiyas of resemblance.
• If there is a text in the Quran or Sunnah that changes the original rule, namely, being free from accountability, then the rule mentioned in the text of the Quran or the Sunnah must be followed and the original rule is ignored; however, if there is no text in the Quran or the Sunnah, the rule to be followed is presumption of continuity (Istishab), namely, being free from accountability. And Allah knows best.
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