القاعدة الأصولية الاجتهاد لا ينقض بمثله دراسة تحليلية الباحث إدريس محمد الأنصاري

Abstract This research presents an analytical study of the fundamental jurisprudential principle (Usuli principle): "Ijtihad is not overruled by its like" (Al-Ijtihad la yunqad bi-mithlihi). The significance of this study lies in its direct relevance to the actions of legally responsible individuals (Mukallafin) and the functions of the judiciary. It contributes to facilitating judicial tasks and alleviating hardship (Raf’ al-Haraj) by defining what is permissible to overrule of rulings and what is not. The research aims to clarify the meaning of the principle, substantiate it with evidence, uncover the regulatory controls (Dhawabit) for its application, and distinguish between instances where Ijtihad is revoked and where it remains stable. Additionally, it seeks to analyze scholarly discourses regarding issues in which Ijtihad is overruled, while reviewing contemporary jurisprudential applications and exceptions to the rule. To achieve these objectives, the researcher adopted inductive and analytical methodologies. The study is structured into an introduction defining Ijtihad and Naqd (overruling), followed by two main sections: the first examines cases where Ijtihad is overruled, while the second addresses the intricacies of the principle in terms of its meaning, evidence, application controls, derived subsidiary branches, and exceptions. The research concluded with several key findings, most notably: the application of this principle is contingent upon the Ijtihad not contradicting a text from the Quran or Sunnah; should a contradiction occur, it is overruled. Furthermore, Ijtihad is overruled by evidence if its indication is definitive (Qat’i), whereas it is not overruled if it contradicts an analogy (Qiyas), even if it is a clear analogy (Jali). Finally, while numerous subsidiary branches fall under this principle, certain exceptions to it do exist. Keywords: Ijtihad, Overruling (Naqd), Usuli Principles, Stability of Rulings.

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