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Shari'ah (Sadd al-Dhara'i (Blocking the Means) (Means which is…
Shari'ah
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Ta'ārud (Conflict)
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A genuine conflict can arise between two speculative (zanní) evidences, but not between definitive (qat'ī) proofs (456).
Solutions: One must try to discover the objective of the Lawgiver and remove the conflict in the light of that objective (456).
The Mujtahid must try to reconcile them as far as possible, but if he/she can't they must attempt to prefer one over the other.
Sunnah
Hadith
(Sayings, actions, tacit approval of the prophet)
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Concensus
Hanbali
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Silent concensus
scholars with understood importance give a fatwa, people hear it and nobody disagrees, silent consensus formed
Shafi
Binding concensus
Understood as similar to the era of the sahaba, which had consensus
Sahaba= companions of the prophet, which had concensus
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