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Usool Al Fiqh- Lesson 6

Usool Al Fiqh- Lesson 6. Two Types of derivative procedure A common element between both procedures Evidentiary certitude (Hojiyatol Qata’)= excusability (Moaziriyah) accountability (Monajiziyah) Securing Evidences (certainty/possibility). Two Types of derivative procedure.

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Usool Al Fiqh- Lesson 6

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  1. Usool Al Fiqh- Lesson 6 Two Types of derivative procedure A common element between both procedures Evidentiary certitude (Hojiyatol Qata’)= excusability (Moaziriyah) accountability (Monajiziyah) Securing Evidences (certainty/possibility)

  2. Two Types of derivative procedure

  3. A common element between both procedures • Elm El USOOL provides both procedures with the common elements, and there is one major common element for both procedures, and that is evidentiary certitude or proofness of certainty (HUJJIYAT ALQATA’)

  4. Evidentiary certitude (Hojiyatol Qata’= excusability (Moaziriyah) • If a person does something with his knowledge of such thing being permitted and it came to be opposite, then he will be excused (MAZOOR) • He was told by a reliable source that this beverage is permissible and he drank it, after that he realized that it was wine, he will be excused.

  5. Evidentiary certitude (Hojiyatol Qata’)= accountability (Monajiziyah) • If a person does something and he knows that such act is prohibited, then he will not be excused, but accountable (MONJAZ). • If a person knows that it was wine in front of him, and he drinks it, he will be accountable and the punishment will be fixed (MONAJAZ) for him.

  6. Importance of Evidentiary certitude (Hojiyatol Qata’) • Without prior acceptance of this concept all the derivative procedures are useless, so it is very important to prove and accept that the assurance or certitude or certainty is proof. • Such proof can be easily established by the logical evidence: If we believe that we are servants of God, then logically we are obligated to obey his command and make our actions according to his will (Submission), any body who is under some authority, the logical system obligates the obedience of such authority.

  7. The proof can not be separated from the certainty • In the same way the intellect comprehends the authority (proof ness) of the certitude, it also comprehends that it is not possible to remove authority from the certitude, for it is connected with it. • It is not possible even for the Lord to separate authority from the certitude, because it may lead to controversial statement from the Lord and that is impossible.

  8. The Lord can warn and forgive • The can send a warning to a person who does not know, and correct his wrong knowledge. • The Lord can forgive on the repentance • But he can not say that if you know that such action is forbidden or prohibited, but your knowledge is not proof, or you will not be accountable.

  9. The first type of common elements • The common elements regarding the Securing Evidences (certainty/possibility), which lead to the HOKM or Law or Religious ruling. The evidence can be divided into: • Religious (Verbal and Non verbal) • Logical (Rational) We will start first with the common elements regarding the religious evidence.

  10. The Issues discussed will be as follows: • The indication of the Religious evidence • The authority (proof ness) of such indication. • Issuance of such evidence from the Islamic legislator.

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