The analyze of priority issues of the lawful evidence in the perspective of school of religion law-evidence and it's the efects on understanding method

Abstract

It is accepted that there is a hierarchy among the evidences which is the main subject of the Fiqh (jurisprudence) procedure. Although the prioritization of Qur'an evidence was generally accepted, it was stated that the sunnah, the icma and the arbitration should be prioritized over time. These claims are very important on the understanding method. In order to examine the situation mentioned in this article, it was firstly determined which criterion was taken as basis in the hierarchies. Then the prioritization of Qur'an and Sunnah of the prophet to be examined, in Hanafi and Shafi'i in particular depending on the scholl of religion law. After that the prioritization of unanimous resolution (consensus) and maslaha evidence (public interest) to be analyzed according to the nature of these evidences. Finally, the article has been concluded with an alternative hierarchy experiment.