From whom is the legitimate ruling taken when the opinion of the jurist and the Hadith scholar conflict?
The one who has the legal evidence from the Qur'an or is to be prioritized. It is permissible for the questioner to ask the for his evidence to reassure his heart. If there is no evidence from a text, consensus, analogy, or the saying of a great Imam, the jurist is to be prioritized if the scholar is not a jurist, because he is more knowledgeable of the اصول الفقه (principles of jurisprudence) and the مقاصد الشريعة (objectives of Islamic law). Likewise, the most pious and God-fearing is to be prioritized if they are equal in knowledge. The hadith scholar must gain understanding of jurisprudence, and the jurist must have evidence with him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 64143
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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