التعارض بين الأحاديث النبوية ودفعه على منهج الحنفية

The Contradiction among Al-Aḥādīth Al-Nabaviyyah and Its Solution as per Ḥanafī Approach

Abstract

Sharī‘ah (Islamic Law) is free from any kind of conflict among legal evidences to establish a harmonized and just society in this word. In the sources of Sharī‘ah, contradiction is found due to certain limitations on the part of jurists as a human being. To meet the issues of contradiction, four steps: Nasakh, Tarjīḥ Jama‘, Tawaqquf are expressed by three prominent schools of Uṣūliyyīn with a specific sequence to reconcile the emerging differences in divine guidance extracted from primary sources of Sharī‘ah . The concept of Ta‘āruḍ (Contradiction) is clarified with the definition of Islamic Jurists. The article sheds a light on different methods to settle down the conflicts and contradictions form perspective of the views of different juristic school of thoughts. The arguments and legal evidences have been analyzed one by one to understand the approaches of jurists. The article concludes with the most preferable method of resolving conflict that we shall adopt the principle of “al-Barā‘at al-Aṣliyyah” in absence of my evidence to resolve the conflict emerging among two versus or traditions of Holy Prophet (PBUH) that is the practice of society before these contradicting commandments. Yet, there is crucial need to explore the topic through available resources that have made the communication of knowledge easy to researchers than ever before.