A look at the Non-Stated methods of GatheringProofs in the “Jawāhir Al-Kalām” book & Presenting Appropriate Algorithm

Since it is likely to find a group of proofs which are in conflict with each other in verdict regarding one subject,  after identifying a jurisprudential problem and searching for sources and other introductory steps, the step of consolidating between the proofs becomes an essential in the algorithm of ijtihād. The tools used to resolve initial conflict, are practically the most important part of the process. The present study has attempted to find evidence through the inductive research to support the notion that the practices used in the process of gathering proofs are not confined to conventional and predetermined methods, as a selective example in the “Jawāhir Al-Kalām” Book. The findings, while confirming this hypothesis, provide practical examples of unreported methods of gathering opposed narrations through three mechanisms including Incompatibility at the verdict of opposed parties, , Multiplicity of their subject, and finally seeking external proofs (such as ratio change Inqilāb al-Nisba) can be used in the proposed model for drawing the accepted ijtihad algorithm in the field of opposed proofs.