implicit abrogation (النَّسْخُ الضِّمْنِيّ)

أصول الفقه

التعريف :

---

A case when abrogation is understood from the presence of contradiction between the earlier and later texts. In his later text, the legislator does not expressly say that the earlier legislation is abrogated, but puts in place a new ruling that is contrary to the old one. Reconciliation of the two rulings can only be achieved by nullifying one of them. Therefore, the later one is deemed to abrogate the earlier one.