PRIORITY OF A CLAIM: ITS DEFINITION, CONDITIONS, AND THE RULING ON ACTING UPON THE GRANTED PRIORITY

Abstract

The purpose of the concept of Tarjih (preference) in Islam is to confirm the authentic report (hadith) and act upon it, while rejecting the weak or less reliable one and refraining from acting upon it. Without doubt, this is a significant field of knowledge. Understanding it, mastering its rulings, and grasping its meanings are of great importance, as it is directly related to affirming what is authentic and rejecting what is weak. This study analyzes the methods used by scholars to explain the concept of Tarjih, the evidences supporting each approach, the critiques of these evidences, and the opinion regarded as the most sound. Additionally, it explores the conditions for applying Tarjih between two hadiths.

While some scholars have considered acting upon the preferred narration as obligatory, this research differentiates between the muqallid (follower) and the mujtahid (independent jurist). For the muqallid, following the opinion of the scholar he consults is effectively his school of thought, since he does not possess the knowledge of the evidences to distinguish between strong and weak reports. The mujtahid, however, is obligated to act according to the outcome of his own ijtihad and is not allowed to imitate others, as doing so would contradict his own conviction.