Overlapping of Legal Causes and Overlapping of Rulings: Concept, Conditions, and Cases (Al-Tadakhul bayna al-Asbab wa al-Ahkam)

Abstract

This research discusses the principle of "interference" (tadakhul) as explained by Imam al-Qarafi and Imam al-'Iz ibn 'Abd al-Salam. While others mentioned it implicitly, the principle refers to the relationship between causes and rulings or between judgments and their consequences. The research highlights different opinions on whether interference occurs between causes or between rulings, with some arguing it can occur between causes in some cases and between rulings in others. The research concludes that interference between multiple causes can occur when an action is performed in a single manner, resulting in a single ruling, such as in the case of multiple instances of intercourse in an invalid marriage. The research also explains that interference between rulings occurs when a lesser penalty is absorbed by a greater one, such as in the case of a person who commits theft, adultery, and murder, where the penalty of death supersedes other penalties.