Contradiction of Evidence in Islam Jurisprudence (A comparative study of the four doctrines)

تعارض البينات في الفقه الإسلامي : دراسة مقارنة بين المذاهب الأربعة / محمد عبد الله محمد الشنقيطي.

الشنقيطي، محمد عبد الله محمد ; Mohammed Abdullah Al-Shanqeeti (1999)


This book came to contribute in the avoidance of the ignoring phenomenon by a lot of researchers that the conflict of evidence researches are a mix between jurisprudence and its origin, and cannot be separated from each other. As if they took a jurisprudential topic, they will take it away from the origin, and also if they discussed an origin topic, they will omit a lot of doctrinal applications and fruits. This book focuses on the inadequateness of books that have been authored in the field of evidences’ conflict and weighing them, and aims to close the wholes in them by presenting a comparative research between the four doctrines that are applicable in the country of Muslims today, and this by organizing some rules in weighing and exposing the truth of conflict in general. The book introduces a brief overview of judiciary from the point of defining it linguistically and idiomatically, also deals with the meaning of evidences’ conflict and defining it linguistically and idiomatically and shows the truth of the conflict through its nooks, terms and place. The book also addresses the matters, which conflict with the evidences, and addresses the topic of pushing the conflict by the method of collecting and weighing. In addition, the book addresses the topic of what to do and decide when the matter cannot be weighed, and shows the attitude of the judger when the matter cannot be collected and weighed. Finally, the book talks about showing the difference of testimony, and its effect on the witnessed on.