Contradiction and Preference between Established Reports of Original Guiltlessness and the News Conveying It: A Jurisprudential Study

Abstract

This study investigates contradiction and preference between established reports of original acquittal and the news conveying it from a jurisprudential perspective, with an aim to define and elucidate contradiction its reality, constituents and conditions. It also seeks to explain established reports of original acquittal, preference, disagreement and the predominant view. The inductive approach was followed. The study is structured into an introduction and four sections. Section one defines terminology. Section two elucidates disagreement in the issue. Section three presents the evidence of the schools of thought in the issue. Section four elicits some jurisprudential branches based on the principle. The key findings showed that preference was given to news conveying the original acquittal (guiltlessness) over other news on grounds that it was confirmed by Fiqh Principles jurists and even by Imam Shafaee. Five prominent jurisprudential branches, as derived by jurisprudence and Hadith scholars, were highlighted in the study: two in worship and three in transactions.