Menu

2

0 Comment

2). The conditions of hukm (legal ruling)
Hukm is a ruling of the original case that has been mentioned in the Quran and Sunnah in which it also includes the ruling made through ijma’. Hukm is important in qiyas as it will be an extension to the a new case in applying analogical deduction. There are some conditions that a hukm must be fulfilled in order to make a qiyas valid which are practical, operative, rational, not confined and not an exceptional hukm in which these will be discussed further.
The first condition is a hukm must be practical in nature. A qiyas can only be made when the hukm is related to practical matters. Besides, a hukm must also be found in the three sources, the Quran, Sunnah and ijma’ as the extended rulings cannot form the basis of qiyas. In other words, it must be hukm al-asl.
Next, a hukm must be an operative ruling in which the hukm is a non- abrogated hukm. An abrogated hukm cannot be used as an extension to the new case as well as a hukm that has controversy and disagreement on its validity. Besides, a hukm also must be rational in which the ‘illah, effective cause of it can be understood by human intellect or the ‘illah has already been mentioned in the text. For example, the ‘illah for prohibition of wine clearly has been mentioned in the Quran, which is intoxication of mind while the ‘illah behind the prohibition of gambling can easily be perceived. In contrast, hukm in regards to matters such as the number of prostration in salah or the quantity of zakah cannot be used in analogical deduction. Matters on ibadah are not suitable to be used in deducing qiyas on the new case as Allah is the one who only knows the wisdom behind them. According to Imam Abu Hanifah, the causes behind the clear textual rulings of Shariah can be determined except the one that falls under ibadah whereas the Zahiris and Uthman al-Batti have different opinion in which the causes behind the clear textual rulings cannot be determined unless they have been mentioned in text.
Furthermore, a hukm should also not be confined to a particular matter. For examples, the rulings on Prophet Muhammad regarding the marriage more than four wives and the prohibition of marrying the wives of Prophet after his demise, cannot be extended to others as Allah has made these specifically for Prophet Muhammad. In addition, issues on polygamy and marriage of a widow have clearly mentioned by Allah in the Quran in which Allah has permitted a man to have a maximum number of four wives and a widow to remarry after completing her iddah.
Lastly, a hukm that is exceptional cannot be extended to the new case. This means an exceptional hukm refers to a ruling that has been made due to some exceptional conditions from its original ruling. As an example, breaking fast during Ramadan is not permissible unless the person faces some situation or condition that allow him to discontinue his fasting such as travelers, a sick person and a labor man. However, according to the Shafi ‘is, the exceptional hukm can be used in extending to the new case as long as the effective cause is identified. As an example, in a transaction, a fresh dates on a tree is exceptionally permissible to be exchanged with dry dates as mentioned in a Hadith though this contains an usury element in which the act of exchanging things that are identical but unequal in quantity. The reason behind this permissibility is because of the ‘illah in which the need of the owner has been fulfilled. Due to this, this exceptional ruling is extended to the case of exchanging grapes with raisins which the hukm is acceptable and valid according to the Shafi ‘is as long as the needs of the owners are being fulfilled. On the other hand, the Hanafis have disagreed on this ruling because it is an exceptional case.

x

Hi!
I'm Kim!

Would you like to get a custom essay? How about receiving a customized one?

Check it out