The Impact of the Integration of Evidence on Weighing Juristic Opinions (An Applied Study on Selected Issues in Sales Transactions)

Abstract

This article aims to elucidate the impact of integrating evidence on determining the preponderance between conflicting juristic opinions, distinguishing the stronger (rājiḥ) from the weaker (marjūḥ) views. For the study purposes, the inductive, analytical, and comparative approach was adopted. The study is divided into two sections: the first defines key terms of the paper, while the second examines the effect of evidence integration on reconciling conflicting juristic opinions, applied to specific sales-related issues such as witnessing in transactions, rulings on a minor’s transactional capacity, emergency sales (bayʿ al-taljīʾah), and compulsory sales (al-bayʿ al-jabarī). Key findings indicate that the integration of evidence significantly influences the discernment of preponderant opinions and serves as a means to achieve the legislative intent (maqṣūd al-shārīʿ) behind Islamic legal rulings.