An Investigation on Asalat al-Ta’yīn: whatness, viewpoints, and documentation

Articles in Press

Document Type : Original Article

Authors

• Faeze Haddad mohammadabadi ¹
• Muhammad Hasan Haeri ²
• mohammad taghi fakhlaei ²

¹ PhD student at Ferdowsi University of Mashhad

² Professor at Ferdowsi University of Mashhad

10.22067/jfiqh.2021.70651.1120

Abstract

Dawarān al-amr bayn al-ta’yīn wa l-takhyīr (lit. polarity between specification and choice), which at times is referred to as a principle (Aṣl), is amongst subjects vastly, although scattered, discussed in two Islamic sciences of Jurisprudence (fiqh) and Principles of Jurisprudence through the elaboration of many instances. The difference of opinion among Muslim jurists (faqīhs) on this issue occurs wherever there is doubt over a verdict to be specified (ta’yini) or deemed to be of choosing mode (takhyiri), which of the two, i.e., specification or choosing should be taken; correspondingly, the fruits of opting each of the two depart from each other. Most jurists accept “specification,” based on different reasons such as intellectual reasoning and the Principle of Precaution (al-iḥtīyāṭ); however, some scholars prefer “choice,” established on various arguments including facilitation on duty-bound Muslims and the verses pertinent to the Presumption of innocence (al-barā’a). However, some other Muslim jurists believe in differentiation and distinction between the cases. Such a verdict, for instance, in jurisprudential rulings and the usuli problems differ. The present dissertation, using a descriptive approach, delineates varied opinions and reasonings in this regard. In the end, the researcher concluded that even though most Muslim jurists believe in “specification,” not “choice,” but in numerous cases, differentiation and distinction between the cases opens a preferable way for the legally obliged people. Additionally, it presents shreds of evidence that although this principle could be counted as both jurisprudential and usuli principle, seemingly, it more appropriately fits to be an usuli principle.

Keywords

• Specification
• Choice
• polarity between specification and choice
• Jurisprudential-usuli principle

Main Subjects

• Principles of jurisprudence

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