A Methodological Study of the Revolution in Ratio Interpretation for Deriving Rulings from Conflicting Evidence and Its Application in Contemporary Law

Articles in Press

Document Type : Research Paper

Authors

Department of Theology Education, Farhangian University, Tehran, Iran

10.22034/law.2025.65688.3454

Abstract

Abstract
A legal and jurisprudential ruling will only have validity if it is derived by following the principles of deduction. When researching the evidence to derive a ruling, the deducer may come across more than two pieces of Islamic evidence or legal articles that initially appear to contradict each other either broadly or specifically. Jurists and legal scholars pursue various, sometimes contradictory paths to reach a ruling in situations of conflict; these include cancellation, suspension, preference, choice, or attempts to find a resolution. The revolutionary approach regarding conflicts involving more than two pieces of evidence, whether textual or conceptual, is executable. Does this approach align with the principles method? Will derived rulings have validity without considering this approach? Can this approach specifically negate the validity of practical principles or alter the realm of conflict? Demonstrating the revolutionary approach provides a new and broad avenue for the deducer to confidently establish the validity of their ruling, getting closer to genuine rulings, and if rejected, assures the validity of alternative approaches. This method holds significance in the field of law, both due to jurisprudential rulings and by virtue of its intrinsic importance. In this research, we will analytically examine the revolutionary approach using the principles method and align it with general rules derived from remedial reports and rational principles through a library method. The revolutionary approach applies lexical rules and customary collection among reasons that are absolute general or specific, text and clearer or less clear, as well as preferred and less preferred, showcasing the precise relationship of conflicting evidence for issuing rulings.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 03 December 2025

Files

Share

How to cite

Statistics