Friday, March 4, 2022

Al-hukm Al-Wad'i In Islamic Jurisprudence

 

understand types of rules in Islamic jurisprudence

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat by Imam al-Juwayni [Part 3]

1) The valid (as-Sahih): It exists in acts of worship and transactions. A valid act of worship is that complies with the requirements of the Shariah by fulfilling the basic elements and conditions and the absence of hindrance. An act of worship is valid if one does it properly and is not required to re-do it. 

A transaction is valid if the contract is not in disagreement with the requirements of the Shariah by missing a basic element or condition, or the presence of a hindrance. A transaction is valid if it realizes the purpose of the contract. 

2) The void (a-Batil): An act of worship or contract that lacks any of the basic elements or conditions that the Islamic Shariah has required to be present, or they have hindrance that prevents their proper existence. 

Definition of Knowledge and Ignorance

According to the Islamic Shariah definition, Fiqh is more specific than knowledge. It means knowledge of Shariah rules acquired through Ijtihad. On the other hand, knowledge is more comprehensive. It includes different kinds of sciences, such as Tafsir, Hadith, and grammar. Accordingly, every Fiqh is knowledge, and not every knowledge is Fiqh.

Knowledge is to recognize the perceived thing as it is in reality.

Ignorance is to perceive something contrary to what it is in reality. 

Issues Related to Knowledge

Necessary knowledge: It is not acquired by reflection and deduction, such as knowledge gained through one of the five senses, for example, knowing that fire is hot, or by means of tawatir, namely, the knowledge that is narrated by such a large number of people that it is inconceivable that they collaborated to lie.

Acquired knowledge: It is acquired by reflection and deduction. For example, knowing that Muhammad bin Abdul Allah is the Messenger of Allah needs careful reflection and evidence. 

Reflection is to ponder on the condition of something to know its true state of affairs. 

Inference is seeking to find proof of something. 

Evidence is something that guides to the sought matter. 

Surmise/Conjecture: It is to believe that two matters are possible. Then after careful consideration, it becomes clear that one of them is more likely to be true than the other. For example, something is true when its likeliness is more than 50%. 

Doubt: It is to believe that two matters are possible. Then after careful consideration, it becomes clear that none of them is more likely to be true than the other. In other words, both matters have the same percentage of likeliness, namely, 50%.  

Types of Al-Qiyas in Islamic Jurisprudence
Al-Qiyas: Analogical Deduction
Usual Al-Fiqh Al-Hukum Al-Wad’i
Hukm Shari (Law or Value of Shariah)


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