Applying the Principle of ‘Considering Differences’ and Clarifying Legal Rulings on Jurisprudential Issues in the European Context

Abstract

The article discusses the jurisprudential challenges faced by Muslims in Europe as a result of contemporary issues affecting their daily lives and religious practices. It highlights the importance of the "principle of considering differing opinions" in issuing legal rulings for these issues, where scholars are urged to consider the context of the issue and refer to the opinions and principles of different jurists in order to arrive at an appropriate ruling. This approach emphasizes the need to avoid excessive leniency or undue severity. The article stresses the need for a balanced approach that respects the Sharia objectives while avoiding unjustified restrictions or extreme rigidity, reflecting the complex modern nature of these issues.

The article differentiates between “the consideration of different” and “avoiding disputed matters” shedding light on the flexibility afforded by the "principle of considering differing opinions," especially within the Maliki school, which is prevalent in Morocco, Africa, and some European countries. The study is divided into two main sections: the first explains the principle of considering differing opinions and clarifies the difference between it and avoiding disputed matters, while the second section applies this principle to two jurisprudential cases to reach a legal ruling that balances religious considerations and practical relevance.