conflict between the confirming and blocking elements (تَعَارُضُ الْمُقْتَضِي وَالْمَانِع)

conflict between the confirming and blocking elements (تَعَارُضُ الْمُقْتَضِي وَالْمَانِع)


أصول الفقه

التعريف :


This refers to a conflict between a description confirming the ruling and a description blocking it. This means that both are present together. This is the heading of a fiqh rule which says: ‘when the confirming and blocking elements are in conflict, priority is given to the blocking element, unless the confirming one is greater’.