Defending conflicting evidence in the rulings on financial transactions - an applied jurisprudential study 1

Abstract

ABSTRACT

This research comes by dealing with the problem of conflicting understanding of jurists in dealing with legal evidence, and the need to include conflicting evidence, and its implications from legal decisions, and knowledge of conflicting aspects in it, and to reject what appears to be a conflict between Sharia evidence, and the method used in rejecting contradictions between evidence

The researcher poses the following questions: How can the issue of conflicting evidence be addressed? What is the most prominent application of rejecting contradictions between evidence? What are the conflicting legal issues? How is the contradiction between arguments or the understanding of jurists? What is the reason to pay for the inconsistency between the evidence?

This study aims to achieve the following: Including explaining how to deal with the issue of contradictions between evidences and clarifying the rules to counteract contradictions between evidences mentioned by fundamentalists in their books, and studying some applications to counteract contradictions between evidences, and collecting information related to financial allocation . transaction, and show that the contradiction in Islamic Shari'a is a real contradiction. Only from the point of view of the mujtahid, reveals the correct approach in repelling the contradiction between arguments., and the researcher in this study follows the inductive-analytical approach, which stabilizes all scientific speech and analysis. them to achieve the desired results, and the study contributes to the field of science and knowledge by eliminating differences in jurisprudence in combining the opinions of jurists and weight lifting with solid evidence:

This study concludes with an important conclusion: one is that there is a conflict between conclusive evidence, and the contradiction is refuted by copying, combining, or triggering, and it is not allowed to give priority between conclusive evidence, and conflict. occurs between the verses of the Qur'an and frequent hadiths, and it has the law of conclusive evidence, and that Islamic law is like a white argument, night is like day, and there is no apparent contradiction in it. and minimize evil, by prohibiting every transaction that leads to enmity and hatred, https://mit.dulaty.kz/ and the researcher suggests that the contradiction between arguments does not exist in reality, but the differences and contradictions of the schools of fiqh and the scholars' understanding of nas.

Key words : removal _ Conflict _ Transactions _ Finance