The Conflict of the two General Terms: An Applied Fundamental Study.

Document Type : Original Article

Author

أستاذ مشارك في الفقه وأصوله Associate Professor of Jurisprudence and its Principles جامعة مؤتة Mutah University كلية الشريعة College of Sharia قسم الفقه وأصوله Department

Abstract

This study addressed the issue of the conflict between the two general terms, in terms of explaining the rules and approaches used to remove the conflict between the two principles, and mentioning an applied jurisprudential example for each rule. It followed the inductive approach and the comparative approach. The study came in three sections; each section includes a number of requirements and branches. The first section: definition of research terms., the second topic: the meaning of the year, the third topic: rules for resolving the conflict between the two terms. The study came up with a set of rules to remove the apparent contradiction between general texts; the most important of which is: the general that was not specified is given precedence over the general that was specified. If two apparent conflicts occur and one of them requires reasoning in the (generalization formula), then it is preferred over the general that opposed it and does not require reasoning.

Keywords

Main Subjects