The argument based on the rule (the affirmative is more deserving than the negative) in weighing between hadiths according to Imam Ibn Battel Al-Qurtubi. Selected examples from his book, Explanation of Sahih Al-Bukhari (a fundamentalist study)

Authors

  • Muthanna Imran Issa PhD in Fundamentals of Islamic Jurisprudence - Kirkuk Education Directorate

DOI:

https://doi.org/10.66026/7zzgx827

Keywords:

The rule that what is affirmative is more important than what is negative, weighing up between hadiths, Imam Ibn Battel Al-Qurtubi, Sahih Al-Bukhari.

Abstract

Imam ʿAlī ibn Khalaf ibn Baṭṭāl al-Qurṭubī was one of the distinguished scholars who made significant contributions to the service of the noble Sharīʿah in all aspects it requires, including resolving the apparent contradictions between textual evidences. He employed all possible means to achieve this goal, among them his use of a fundamental principle of Uṣūl al-Fiqh that has a direct and substantial impact on reconciling conflicting texts — namely, the principle: “The affirmative takes precedence over the negative.” He applied this principle with expertise to resolve hadith-related complexities, and this study presents examples of his applications and demonstrates how he employed this principle to resolve textual contradictions."

Weighing texts based on the rule: "The affirmative takes precedence over the negative," or "The affirmative takes precedence over the negative," is one of the fundamental principles of jurisprudence for resolving conflicts that appear between hadiths. This principle has been the subject of controversy and various viewpoints among scholars, with more than one school of thought adopting it. The Imam held a high standing among scholars, especially in the Maliki school, where he was one of their most prominent figures. Extensive knowledge of the schools of thought and opinions of scholars in various branches of knowledge. Use of fundamental principles and controls in studying and analyzing the hadith.

References

Downloads

Published

2025-09-16