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Legitimate evidence

Course Description: Introduces the student to the legal proof, the types of agreed-upon and disputed evidence, and their applications.

Credit hours: 3

Objectives of the course :

The student will learn about the agreed-upon and disputed Sharia evidences and the most important rules related to them, develop the ability to deduce from textual evidence and how to do so, and learn about various new issues and how to classify them under Sharia evidences.

Course outputs :

Knowledge and understanding:
1- The student recognizes the agreed-upon and disputed Sharia evidences.
2. For the student to know how to object to reasoning
The student discusses matters of Islamic legal evidence in depth.
4. The student will be able to correctly discuss inductive reasoning.
Skills:
1- The student compares the agreed-upon and disputed Sharia evidence.
2. The student will accurately analyze the methodology of legal reasoning based on Sharia evidence.
3- The student explains how the principles of jurisprudence work in Islamic legal evidence.
4- The student will discuss how to object to reasoning and demonstrate how to object professionally
Values, autonomy and responsibility:
1- The student masters dealing with opponents positively.
2. The student uses calm, positive dialogue and confrontation with others.
3. The student masters the execution of an individual assignment autonomously and with a high degree of independence.
4. The student practices completing work as part of a team, taking the initiative to lead and assume responsibility.

Additional information:

Course Topics:
First: The Sharia Proof
1. The reality of Sharia evidence
Types of Legal Evidence
Secondly: Agreed-upon evidence
1 – The Holy Quran, its status, types of rulings within it, anomalous readings, and its relationship to other evidence
The Prophetic Sunnah, its divisions, acting upon the narration of a single person, the actions of the Prophet, peace be upon him.
The meaning of Hadith narration, the ruling on acting upon mursal and da'if Hadith. .
Consensus: Its reality, its authority, its divisions, its pillars, and its conditions. Specific consensus, and the authority of consensus.
Denier of consensus, silent consensus
Analogy, its reality, its validity, its types, its pillars, and its conditions, and the paths of the cause, the conflict of analogies, the most important defects of analogy. .
Third: Disputed Evidence
Types of evidence and their importance for a jurist
1. The statement of a Companion, its authority, and the effect of disagreement concerning it.
2 – Discretionary application of the law (Istihsan): its reality, types, legal validity, its relationship with the Quran and Sunnah, and its applications.
3 – Istishab, its reality, its types, its validity, and its applications
4 - Maslaha Mursalah (Public Interest), its Authority, its Relationship with Textual Evidence, and its Applications
5 – Blocking the means (Sadd al-Dhara'i'): Its reality, its divisions, its legitimacy, evidence for blocking and opening the means, and its effect.

Last updated: 2026-04-15