A simple icon, consisting of a series of links surrounded by a circle, is a common symbol for a connection or hyperlink. The lines of the icon are outlined in a dark black color on the background, with the addition of military elements of the Saudi national identity such as the Ghutra, Shamaa, and Saudi Bisht, to reflect the distinctive local character of Qassim University.
Links to official Saudi educational websites end with edu.sa
All links to official educational websites of government agencies in Saudi Arabia end with .edu.sa.
Black leather minimalist gesture tag, black circular grip, topped with a clear depiction of a Saudi tunic with a shamma and aqal, emphasizing the features of the Saudi bisht. This design symbolizes the concept of security and digital data privacy and reflects the identity of Qassim University.
protocol for encryption and security. HTTPS for encryption and security.
Secure websites in the Kingdom of Saudi Arabia use the HTTPS protocol for encryption.
Digital Government Authority

Registered with the Digital Government Authority with no: 20250413538

Qassim University logo
Open search engine
Search
MyQU Single Sign-On Portal
MyQU

Colleges

Section list

Legal Evidence (2)

Course Description: The course covers the definition of scholarly consensus (ijma), its status, its divisions, its conditions, doubts raised about it, the possibility of its occurrence, its basis, and disputed evidence, including istishab (presumption of continuity), the laws of previous prophets, the saying of a companion, istislah (public interest), istihsan (juristic preference), and sadd al-dhara'i (blocking the means).
Credit hours: 3
Prerequisites: ISF 142
Objectives of the course :

A. The student should know the reality of consensus, its ruling, its divisions, its conditions, and its people, and distinguish between religiously valid consensus and invalid consensus.
b. The student should be aware of the disputed evidence, its authority, and related matters.
c. The student recognizes the impact of debated evidence on jurisprudential differences.

Course outputs :

Knowledge and understanding:
1- The student will become familiar with scholarly consensus (ijma') and the ruling on using it as a legal argument.
2. The student will identify the well-known issues concerning the conditions of consensus and clarify the correct opinion on them.
3. The student should know the most important disputed pieces of evidence, by explaining the reality of each evidence, its related sections, and the ruling on using each one.
Skills:
The student should be able to distinguish between legally valid consensus and that which is not.
2. The student applies the foundational rules of consensus to juristic branches.
3. The student analyzes the rulings of contemporary issues and applies them to evidence that is subject to scholarly dispute.
Values, autonomy and responsibility:
The student's ability to take responsibility for their own learning.
2. Student participation in group situations to reach solutions for problems they may face.
To master the positive engagement with those who hold differing views and to be diligent in serving the faith.

Additional information:

Course Topics:
First: Consensus
Definition of consensus, its rank, its implication, its divisions, and its conditions.
Evidence for the Consensus.
The doubts raised about consensus, and their discussion.
The possibility of consensus in the current era, and its relationship to the opinions of Fiqh academies.
The ruling on the validity of consensus based on the majority opinion.
Consensus of people of an era on one of the sayings of a previous era, and its jurisprudential impact.
Introducing a third opinion in a matter where scholars have reached a consensus on two opinions, and its jurisprudential effect.
The reality of silent consensus and the ruling on using it as proof.
The ruling on using the consensus of the Rightly Guided Caliphs, the consensus of the people of Medina, and the consensus of the Household of the Prophet as evidence.
Document of Consensus, and the ruling on the validity of consensus through ijtihad and qiyas.
Taking the least that has been said, its relation to consensus, and its jurisprudential effect.
Applying what the student has learned to a collection of jurisprudential issues on which there is scholarly consensus.
Second: Disputed evidence:
An introduction to summarizing the most prominent debated evidence in general and its relationship to the Quran and Sunnah, its status in legislation, and its impact on the differences among jurists.
– Istishab: Its reality and conditions.
– Its types and the ruling on using each type as evidence.
– Foundational and Jurisprudential Rules Based on Istishab, and Jurisprudential Applications of Istishab.
Does the one who negates a ruling require evidence?
— Legislation preceding us: its reality, types, the validity of each, and its effect on jurisprudential branches.
– The reality of the Companion's saying, his states, and the validity of each state. .
The Status of the Companions' Sayings and Their Impact on Fiqh (Islamic Jurisprudence) Branches.
Reclamation, its reality, its categories of interests, and the validity of each category.
Conditions for working with entrusted interests, and their ancient and contemporary applications.
Estihsan, its reality, its types, its authority, and jurisprudential applications of Estihsan
– Definition of blocking the means, its divisions, the validity of each division, invalidating stratagems, the effect of blocking the means in jurisprudential branches
Custom: Its Reality, Its Authority, Conditions of Its Validity, And Jurisprudential Applications of Custom
The meaning of the practice of the people of Medina, its legal validity, and its conditions. .
Definition of some other proofs: such as inference by implication, contradiction, induction, precaution, and inspiration
Visions, considering differences of opinion, and consulting the heart.
Modern rationalist thinkers are similar in prioritizing reason over religious texts when there is a conflict, and discussing this.

  • Last updated: 2026-04-27

Suggestions

Single Sign-On Portal
Achievement
E-learning
Email
Directory of services
Query services

Cookies

This website uses special cookies to ensure ease of use, improve your browsing experience, and clarify the terms and policies related to About user privacy. By continuing to browse this website, you acknowledge that you accept the use of cookies and the terms of the Privacy Policy

Accept