The Consideration of Different Opinions in the Maliki School: Its Roots, Applications, and the Distinctions between It and Resolving Differences
This research aims to study the origin of considering different opinions among the Maliki school, focusing on its foundation by elucidating its meaning in language and terminology, clarifying its legitimacy, rules, and judgments, and presenting some of its applications in the jurisprudential branches of the school. Additionally, the research seeks to explain the distinctions between considering different opinions and resolving them. Therefore, the research follows the inductive method by examining what is mentioned in the Sunnah and the statements of scholars, jurists, and theologians within the Maliki school regarding the consideration of different opinions. It also employs the analytical approach through analyzing extracted texts and scholars' statements, as well as the deductive method by investigating the practical applications of the issue and extracting differences between it and the resolution of differences. The research concludes that considering different opinions involves acknowledging opposing opinions within justifiable limits. It is deemed permissible based on various evidence from the Sunnah, the actions of the companions, and rational reasoning. Adherence to it is obligatory within specified guidelines. The Maliki school has numerous and diverse applications of considering differences in various branches of jurisprudence. Furthermore, there are several distinctions between considering different opinions and resolving them in terms of conceptualization, reality, impact, judgment, and other aspects.
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