The Principle of Deference in Islamic Law

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The Principle of Deference to variant opinions in Islamic law (Arabic: قاعدة مراعاة الخلاف, romanized: qa'idat mura'at al-khilaf) is a legal rule defined by the Kuwaiti Encyclopedia of Islamic Jurisprudence as: “Whoever believes that something is permissible should refrain from doing it if someone else believes it is forbidden. Likewise, with regard to obligation, it is desirable for someone who sees the permissibility of something to do it if there are among the imams those who see it as obligatory.”[1][2]

Some scholars take this rule, including:

Some of these scholars consider that staying out of a dispute is better than getting involved in it, and some of them say that being considerate of a dispute is a form of piety. Those who take this rule cite the Qur'an: “Avoid much suspicion; Indeed, some suspicion is sinful,” and the hadith: “Leave what makes you doubt you for what does not make you doubt.”

The scholars who do not take this rule include:

Conditions for application

References

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