The Impact of Contextual and Normative Factors on the Rulings of Branches in Hanafi Jurisprudence

Abstract

Objectives: This study aimed to clarify the divisions of the temporary command in Hanafi jurisprudence, explain the nature of each division and its rulings, and examine the impact of these divisions on certain legal branches in Hanafi jurisprudence.

Methods: In this study, two approaches were employed: the descriptive approach, which involved presenting the definitions and concepts related to the research terms and explaining the divisions of the temporary command in Hanafi jurisprudence; and the analytical approach, which focused on demonstrating the impact of the temporary command and its divisions on the rulings of branches and issues in Hanafi jurisprudence.

Results: This study concluded with several findings, summarized as follows: The time of obligations influences the formulation of their rulings, in terms of the requirement of specific intention and its precedence over the obligation, or the absence of such a requirement, or the validity of an act with a delayed but non-specific intention. It also affects whether the obligation is to be performed later (qada) or can be fulfilled whenever the person obligated carries it out. The study further found that when time is a condition for the validity of an act, a condition for its performance, or a cause for its obligation, it has an impact on the rulings of branches in Hanafi jurisprudence.

Conclusion: The temporary command has an impact on the rulings of legal branches in Hanafi jurisprudence.