Abstract
The Shariah text should be understood in light of the linguistic and contextual meaning understood during the time in which the text was issued. There might be a partial or total conflict between the text and the conventions. We should examine whether this conflict is total. In case the conflict was total, this will lead to suspending the text and removing its rule, then the convention will be decayed (void) and it will not be permissible to use. But if the conflict is partial as when the text is general and is in conflict with the conventions in some of its parts, then the convention might specify the text and might not. If there is a general text and there is a practical convention then there is difference between the scholars in whether the practical convention should specify the general text or not.
In case there was a conflict between a statement and a convention that occurred later, the statement stays as it is in its generalization. If the convention is supported by the Sunna or consensus, then the convention will over rule the statement.
Recommended Citation
(2007)
"Jurisprudence Statements Versus Conventions in Islamic Jurisdiction,"
UAEU Law Journal: Vol. 2007:
No.
32, Article 6.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2007/iss32/6