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Information Journal Paper

Title

AN INQUIRY INTO THE REASONS FOR THE JURISTS' DIFFERENCE OF OPINION IN THEIR APPROACH TO TRADITIONS

Author(s)

BAHMANPURI A.A. | MUWAHHIDI A.

Pages

  81-112

Abstract

 Difference of opinions among the jurists is quite tangible and obvious in jurisprudence. This difference of opinions can have various reasons, including difference in categorizing TRADITIONs, which arises from difference of opinion between akhbāriyūn (TRADITIONists) and uṣūliyūn (legal theorists), or the CONFLICTs between TRADITIONs and the ways of their resolving. These CONFLICTs may have numerous reasons and causes such as the jurist's preconceptions when referring to legal sources, or the scope of his knowledge about the subjects of the rulings, which can be among the reasons for the jurists' difference of opinions. Furthermore, the sanad (chain of transmission) of a TRADITION can be accepted or rejected from a jurist's point of view, which in itself has a major role in the jurist's decision making.  There are also other reasons having a major role in the jurists' difference of opinions in their approach to TRADITIONs, which is dealt with in this research.

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