What is the relationship between the rule "specific authority is stronger than general authority" and the objectives of Sharia, and do other rules fall under it?
The relationship between the rule "specific guardianship is stronger than general guardianship" and the objectives of Islamic law is evident in the fact that the specific guardian is more knowledgeable about the welfare of his charge and more compassionate towards him. Consequently, this rule implies that the general guardian does not act when a specific guardian is present. For instance, the ruler does not marry off women when there is a qualified specific guardian, nor does he pardon qisas (retaliation) and diyah (blood money), nor does he interfere with an endowment when there is a specific overseer for it. Al-Suyuti, Al-Hamawi, and Ali Haydar Al-Hanafi mentioned this rule in their books, emphasizing that the actions of the general guardian are not effective when a specific guardian is present, and that specific guardianship is stronger.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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