Wednesday, June 15, 2022

Connected Specification According to the Principles of Islamic Jurisprudence

 

understand connected specification in usul al fiqh

The Condition

The specifying condition can come after the stipulated thing.

For example, if you visit me, I will honor you. Honoring will take place if the visit takes place. 

The specifying condition can come before the stipulated thing. 

For example, honor the men if they visit you. 

The Attribute

Specification by an attribute:

An attribute qualifies the general utterance. Thus, some of the general utterance that has this attribute will be excluded.

For example, this endowment will be for my poor children. 

The Unqualified and the Qualified

The difference between the general and the unqualified utterance:

The generality of the general is comprehensive, namely, it includes all individuals within the general utterance. 

For example, ‘honor the students.’ This is a comprehensive statement encompassing all the students. 

On the other hand, ‘honor a student.’ This is an unqualified statement. It does not refer to a specific student; rather, it means to honor any student from all the students. In other words, if one honors Zaid, he will not honor another student.

 Al-Mutlaq (the unqualified): 

It refers to a word that is neither qualified nor limited in its application.

For example, honor a student.

 Al-Muqayd (the qualified):

It refers to a word that qualifies the unqualified by an attribute.

For example, ‘honor a kind student.’ 

The meaning of the unqualified is understood according to the qualified.

For example, the atonement for unintentional murder is freeing a Muslim slave, namely, the word slave is qualified by being a Muslim.

Az-zihar, which is a form of divorce in which the husband says to his wife, ‘You are like my mother to me.’ The atonement of az-Zihar is freeing a slave. Since the rule is freeing a slave, the unqualified word is understood according to the qualified word. Hence, the atonement of az-Zihar is freeing a Muslim slave.

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn [Part 1]
Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn [Part 10]

Understanding Usul al-Fiqh


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