Abstract
This article intends to demonstrate the importance of observing the suitability and compatibility of legal provisions in ascertaining their contextual validity. It aims to identify al-ijtihad al-tanzili (viable juristic discretion) as a reason for existing disagreements among legal scholars. It takes into account the ethics of disagreement in the course of their differing juristic deductions. It contends that such differences occur as a result of the practical reasoning among scholars that happened at the level of abstract understanding of the legislated Islamic provisions. In addition, it proposes the use of tahqiq al-manat (legal viability) as an important consideration in legal provisions, the fact that such a terminology corresponds to al-ijtihad al-tanzili. After all, any discrepancy between a provision and its situation is considered a sin.
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