Applying the objectives of Islamic law in weighing and prioritizing evidence

Abstract

This research paper addresses a precise fundamental issue related to activating the objectives of Sharia as a tool to avert apparent contradiction between evidence. The research aims to establish the methodology of preference based on objectives, where the researcher reviewed the concept of objectives and their levels (necessities, needs, and refinements), and the concept of preference and its conditions, especially when the two pieces of evidence are equal in proof and strength. The study concluded that preference based on objectives means the mujtahid presenting one of the conflicting statements or evidence based on the “precedent-based advantage,” which is the strength of the interest achieved by the preferred evidence and its bringing benefit or averting harm. The research confirms that this approach requires the mujtahid to consider the consequences of actions to ensure the realization of the intent of the legislator, which highlights the flexibility of Islamic jurisprudence and its suitability to keep pace with new issues and events.