6

This question raised the point that it is hard to distinguish the term 'illah (criterion, Arabic: عله) from hikmah (benefit, Arabic: حكمه) when it comes to ahkām al-fiqh (rulings of jurisprudence, Arabic: أحكام الفقه) which may cause misunderstandings of the rulings and their applications.

Question: What are the characteristics of 'illah and what is its governance? The governance of 'illah is a bonus part.

By governance of 'illah, I am referring to the principles of jurisprudence that provide the applicability of the ruling (the ruling is tied to the criterion's presence and absence, Arabic: الحكم يدور مع علته وجودا وعدما), the interpretation of its wording (what counts is the general meaning of the words, not the specific reason for revelation, Arabic: العبرة بعموم اللفظ لا بخصوص السبب), and accepted deduction methodologies (setting criteria based on perceived benefit or through qiyās for permissibility, Arabic: التعليل بالحكمه او بالقياس فى الرخص), as examples. An answer using a single school of jurisprudence is sufficient.

  • Please note that the use of qiyas when a text (Quran or sunnah evidence) is present is illegal. – Medi1Saif Mar 12 '18 at 9:41
  • 1
    @Medi1Saif — Understood. The question about qiyas for permissibility is when a word is used in the ruling to specify a criterion. For example, the Prophet said certain congregational prayers may be combined if rain is falling (rule). Is the 'illah the rain, hence if snow falls, by qiyas the same rule applies? Is the 'illah the road conditions, then if there is any other cause for water on the streets, e.g., sewage, then prayers may be combined? And so on. It is how to distinguish 'illah for the purpose of qiyas in the case of permitting something only (prohibition is a different story). – III-AK-III Mar 12 '18 at 9:49
  • @Medi1Saif: It seems you're just deleting everythin I've searched for and it wasn't a copy paste answer. I used the info on the link to give an answer between illah and qiyas where I automatically gave characteristics of illah. So what's the problem? This is the only site that acts like this. Do you know how many hours I've spent searching and readin for answers and you just take it away with no valid reason. Man – user24306 Jul 30 '18 at 12:18
  • 1
    @Tarik it was 90% copy paste and it included no new info you might use a similar answer on another question about illa and sabab as a basis. You can still read your answer and sources. In most other sites we have experts who answer before anybody posts his first finding and want it accepted with a minimum of effort. The question is about osol al-Fiqh it isn't an easy matter. I don't know of any translations in this subject which can be taken as evidence. – Medi1Saif Jul 30 '18 at 12:22
  • 1
    @Tarik IMO of course both should be explained and distinguished: 'illah (plural: 'illal) and hikmah (plural: hikam). You also should consider what OP wrotes about governance of the 'illah. – Medi1Saif Jul 31 '18 at 14:09

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.