The Criterion of Prioritizing Public Interest over Textual Evidence in Najm al-Din al-Tufi and Modernists: A Comparative Critical

Abstract

This study examines the concept of prioritizing public interest over textual evidence as presented by Imam
Najm al-Din al-Tufi and modernists. It elucidates al-Tufi’s perspective on prioritizing public interest over
textual evidence and consensus, while also addressing some critiques of this theory. The study further
explores modernist views on prioritizing public interest over textual evidence, highlighting the differences
between these views and al-Tufi’s approach. The research concludes that the modernists' prioritization of
public interest over textual evidence diverges significantly from al-Tufi’s theory in terms of scientific
foundations, methodological dimensions, and theological implications. Additionally, the rationale behind
this prioritization differs between traditional jurists and modernists: while modernists base their reasoning
on public interest as reflecting the intent and wisdom of the Lawgiver, traditional jurists rely on causality,
defined as the observable, consistent attribute upon which legal rulings are based.