vol 21 no1,2021

"The Juristic Rule of Tarkul-Istifsal (Waiving the Issue of Asking the Defendant for Explanation) according to Muhammad Ibn Uthaimeen and Its Impact on His Religious Views"

: Hits: 1229

"The Juristic Rule of Tarkul-Istifsal (Waiving the Issue of Asking the Defendant for Explanation) according to Muhammad Ibn Uthaimeen and Its Impact on His Religious Views"

Khaled Ben Selim Al-Shirary

College of Science and Arts, Qurayyat

Jouf University

This email address is being protected from spambots. You need JavaScript enabled to view it.

Received :08/09/2019 Accepted :16/06/2020

https://doi.org/10.12816/0057787

Abstract:

This study deals with the rule of Tarkul-Istifsal (waiving asking the defendant for explanation) according to Muhammad Ibn Uthaimeen and its impact on his religious views. The study concluded that Ibn Uthaimeen utilized this rule as considerable evidence. This is because he drew heavily upon this rule in many of his writings. Ibn Uthaimeen also reasoned the rule of waiving asking the defendant for explanation in general on the basis of the three conditions: Firstly, the issue in question must have a distinct possibility; secondly, there should not be a contradictory evidence for the rule; thirdly, the defendant should not be aware of the questioner. Ibn Uthaimeen believes that the Mufti (the person who issues legal opinions) must ask the defendant for explanation if necessary. Examples of this need include asking for the terms of sentence, inquiring about the strong possibility, asking about what people may ignore, asking about the prescribed penalties, and inquiring about the meanings of the general terms stated in the question. Otherwise, there would be no need to ask for explanation, such as asking about the hindrances of sentences or judgments.

This study also recommended motivating researchers and students to explore the traditionalist rules of the authoritative scholars, pointing out the impact of such rules on their juristic views, and the way they applied such rules and measured the subsidiary juristic issues accordingly. This, in turn, will enrich the principles of Islamic Jurisprudence with juristic subsidiaries and refute the misconception that such principles are far from reality.

ality.

Keywords: The Juristic Rule of Tarkul-Istifsal"; Tarkul-Istifsal according to Ibn Uthaimeen.

Download