conflict between the essential and the apparent (تَعَارُضُ الْأَصْلِ وَالْظَاهِر)

أصول الفقه

التعريف :

---

This is the title of a fiqh rule that says: ‘if a mujtahid is faced with a conflict between an established rule, and what he believes to have most probably happened on the basis of confirming indications: on what basis should he give his ruling? On the essential, i.e. The established rule, or the apparent, i.e. What he believes happened?