THE ISLAMIC JURISPRUDENCE TRUTH ABOUT DISPUTE, ITS TYPES, NATURE AND CAUSES

Abstract

The research deals in general with the reality of jurisprudential disagreement, its parts, nature, and causes. It explains the meaning of disagreement according to jurists, and presents the categories of jurisprudential disagreement: permissible disagreement and unpermissible disagreement. Then it presents the nature of jurisprudential disagreement and clarifies that the occurrence of jurisprudential disagreement in understanding legal texts is a divine will and a divine blessing. The research also studies: the reasons for the occurrence of jurisprudential disagreement, whether in terms of: the nature of the legal text, the nature of human diversity, or spatial and temporal diversity. It explains how to manage jurisprudential disagreement and presents the ethical aspects of dealing with the violator, in terms of: good opinion of scholars, advice and good dialogue with the violator, good manners with the violator, and not denouncing the violator. It presents a vision for the methodology of managing jurisprudential disagreement, which is represented in the following aspects: First: Taking into account the jurisprudential disagreement: Second: Imitating the violator in some branches: Third: Correcting actions: Fourth: Not to deny in disputed matters: The research concludes by presenting a case of the rise in jurisprudential disagreement with the ruling of the ruler, with jurisprudential examples. The research is accompanied by an index of scientific sources and references containing seventy-five scientific sources and references.