Classical classification of divine rule (Hukum Shari'i): the denial off declaratory rule (Hukum Wada'i)

Divine rule (Hukmshar‘i) has classically been classified into two kinds, namely, hukmtaklifi (defining rule) and hukmwad‘i (declaratory rule). This classical classification, despite having been the mainstream opinion in Islamic jurisprudence, has been challenged by a dissenting opinion to the effe...

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Main Authors:	Abu Elgasim, Saad, Ansari, Abdul Haseeb, Arifin, Mahamad
Format:	Article
Language:	English
Published:	INSI Publications 2013
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/31448/ http://irep.iium.edu.my/31448/ http://irep.iium.edu.my/31448/1/AJBAS-13-1-842-854.pdf

id	iium-31448
recordtype	eprints
spelling	iium-314482014-07-14T07:30:10Z http://irep.iium.edu.my/31448/ Classical classification of divine rule (Hukum Shari'i): the denial off declaratory rule (Hukum Wada'i) Abu Elgasim, Saad Ansari, Abdul Haseeb Arifin, Mahamad K Law (General) KBP Islamic Law Divine rule (Hukmshar‘i) has classically been classified into two kinds, namely, hukmtaklifi (defining rule) and hukmwad‘i (declaratory rule). This classical classification, despite having been the mainstream opinion in Islamic jurisprudence, has been challenged by a dissenting opinion to the effect that the independent existence of hukmwad‘i is denied. In other words, hukmtaklifihas been alleged to be the sole kind of which hukmwad‘i consists. This dissenting opinion in Islamic jurisprudence has been unsuccessful to the effect that it is hardly mentioned, and even when it is mentioned, it is mentioned in passing. This dissenting opinion, despite having been marginalized, is believed to be correct and, consequently, the main-stream opinion, despite having been established, is believed to be false. To justify such a daring submission, this paper takes it upon itself to revisit the classical classification of hukmshar‘i so as to prove the structural dependence of hukmwad‘i upon hukmtaklifi. To prove that, the paper will first present the subdivision of hukmwad‘i challenged in a fair manner so as to help the reader develop a clear and complete understanding of it. Subsequently, the subdivision presented will be scrutinized in an analytical manner so as to highlight the inevitable joints that connect hukmwad‘i to hukmtaklifi and, consequently, emphasize the structural dependence alleged. Having done so, we have arrived at the conclusion that the sole kind of which hukmshar‘i consists is hukmtaklifi. Hukmwad‘i, as a consequence, is an integral part of hukmtaklifi under which it is subsumed and to which it is subservient. In other words, hukmtaklifi and hukmwad‘i are structurally interlinked. Without hukmtaklifi, sense cannot be made of hukmwad‘i, and without hukmwad‘i, hukmtaklifi is incomplete. INSI Publications 2013-05-05 Article PeerReviewed application/pdf en http://irep.iium.edu.my/31448/1/AJBAS-13-1-842-854.pdf Abu Elgasim, Saad and Ansari, Abdul Haseeb and Arifin, Mahamad (2013) Classical classification of divine rule (Hukum Shari'i): the denial off declaratory rule (Hukum Wada'i). Australian Journal of Basic and Applied Sciences, 7 (7). pp. 842-854. ISSN 1991-8178 http://www.ajbasweb.com/ajbas_may_2013.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Abu Elgasim, Saad Ansari, Abdul Haseeb Arifin, Mahamad Classical classification of divine rule (Hukum Shari'i): the denial off declaratory rule (Hukum Wada'i)
description	Divine rule (Hukmshar‘i) has classically been classified into two kinds, namely, hukmtaklifi (defining rule) and hukmwad‘i (declaratory rule). This classical classification, despite having been the mainstream opinion in Islamic jurisprudence, has been challenged by a dissenting opinion to the effect that the independent existence of hukmwad‘i is denied. In other words, hukmtaklifihas been alleged to be the sole kind of which hukmwad‘i consists. This dissenting opinion in Islamic jurisprudence has been unsuccessful to the effect that it is hardly mentioned, and even when it is mentioned, it is mentioned in passing. This dissenting opinion, despite having been marginalized, is believed to be correct and, consequently, the main-stream opinion, despite having been established, is believed to be false. To justify such a daring submission, this paper takes it upon itself to revisit the classical classification of hukmshar‘i so as to prove the structural dependence of hukmwad‘i upon hukmtaklifi. To prove that, the paper will first present the subdivision of hukmwad‘i challenged in a fair manner so as to help the reader develop a clear and complete understanding of it. Subsequently, the subdivision presented will be scrutinized in an analytical manner so as to highlight the inevitable joints that connect hukmwad‘i to hukmtaklifi and, consequently, emphasize the structural dependence alleged. Having done so, we have arrived at the conclusion that the sole kind of which hukmshar‘i consists is hukmtaklifi. Hukmwad‘i, as a consequence, is an integral part of hukmtaklifi under which it is subsumed and to which it is subservient. In other words, hukmtaklifi and hukmwad‘i are structurally interlinked. Without hukmtaklifi, sense cannot be made of hukmwad‘i, and without hukmwad‘i, hukmtaklifi is incomplete.
format	Article
author	Abu Elgasim, Saad Ansari, Abdul Haseeb Arifin, Mahamad
author_facet	Abu Elgasim, Saad Ansari, Abdul Haseeb Arifin, Mahamad
author_sort	Abu Elgasim, Saad
title	Classical classification of divine rule (Hukum Shari'i): the denial off declaratory rule (Hukum Wada'i)
title_short	Classical classification of divine rule (Hukum Shari'i): the denial off declaratory rule (Hukum Wada'i)
title_full	Classical classification of divine rule (Hukum Shari'i): the denial off declaratory rule (Hukum Wada'i)
title_fullStr	Classical classification of divine rule (Hukum Shari'i): the denial off declaratory rule (Hukum Wada'i)
title_full_unstemmed	Classical classification of divine rule (Hukum Shari'i): the denial off declaratory rule (Hukum Wada'i)
title_sort	classical classification of divine rule (hukum shari'i): the denial off declaratory rule (hukum wada'i)
publisher	INSI Publications
publishDate	2013
url	http://irep.iium.edu.my/31448/ http://irep.iium.edu.my/31448/ http://irep.iium.edu.my/31448/1/AJBAS-13-1-842-854.pdf
first_indexed	2023-09-18T20:45:38Z
last_indexed	2023-09-18T20:45:38Z
_version_	1777409655924850688

Classical classification of divine rule (Hukum Shari'i): the denial off declaratory rule (Hukum Wada'i)

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