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When a textual ordinance (nas) contradicts expediency (maslaha), which one precedes the other?
Date 19 January 2020 & Clock 06:52
Question 23: When a textual ordinance (nas) contradicts expediency (maslaha), which one precedes the other? Which one goes first, the ordinance or the expediency? Is expediency preferable in this circumstance?
Answer 23: This interpretation seems to be artificial as it does not render a clear-cut meaning for conflict between textual ordinance and expedience because conflict means contradiction of two arguments in the legislative (theoretical) level whereas the said criterion does not exist in the given presumption. Certainly, if expediency is based on observing a binding injunction, then it has to be discussed theoretically that where a textual ordinance and expediency cannot be observed together while both of them are contradicting each other, which one precedes the other? Obviously, the more important of the two has to be taken into consideration and fulfilled.
This question requires a lengthy answer. Should you like to learn more, you can refer to demonstrative books in this regard. May Allah grant you success.