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In case of conflict between suggestions (imarat) and practical principles, Shia largely believe in precedence of the imarat. So my question is: “What's the view by other schools (Sunni scholars)?"

For example, if a suggestion comes into conflict with a preservation (istis'hab) or an option-grant (takhyir), what do the jurists of the four school have to say?


Note: the definition of imarat /اماره can be considered as the following explanations:

  • The presumptions in source methodology in Islamic jurisprudence
  • The evidence which leads to a speculative reasoning
  • The indication leading to a speculative reasoning
  • The credible suspicion sign/proof

Source: www.wikifeqh.ir

  • I'm afraid you must elaborate and explain what is meant by imarat with an example, as i neither could read Farsi nor know about a similar term in Arabic. As Imarah الإمارة en.wikipedia.org/wiki/Emirate would be related to Khilafah. And your explanation so far is more about juridical matters than about leadership. – Medi1Saif Jul 14 '16 at 8:45
  • You are right. It is factually a heavy word... as more explanation: The Presumptions in Law or the legal circumstantial evidence... It is a fiqh related expression. I assume you can find it in Arabic Fighh as well. – اللهم صل علی محمد و آل محمد Jul 14 '16 at 8:52
  • Well it seems this is what you refer to ar.wikifeqh.ir/wiki/… and I've seen some text fragments quoting similar quotes as in this article. But I think -and I hope I got it right- some sunni scholars prefer to speak about maqassid a-Shri'a مقاصد الشريعة the goals of shari'a when trying to explain why something is haram or halal this is only a result of a fast over reading of the article. – Medi1Saif Jul 14 '16 at 9:41
  • Uh-huh, what you said can be helpful. Jazak Allah Khaira. – اللهم صل علی محمد و آل محمد Jul 14 '16 at 10:25
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    Here some of my findings (in Arabic) shamela.ws/browse.php/book-2048/page-213 books.google.de/… أمارة has also been defined as علة = reason almaany.com/ar/dict/ar-en/%D8%B9%D9%84%D8%A9 – Medi1Saif Jul 14 '16 at 10:33

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