Elicitation a meaning that invalidates the legislative religious text: A critical study in the science of asul alfiqh

Abstract

This research studies one of the conditions of the legislative cause, which is “that the inferred cause does not invalidate the rule of the legislative text.” One of the reasons that motivated the study of this condition was the lack of clarity on the significance of the meaning of invalidation in terms of its adaptation, its coverage of generalization, specialization, and total abrogation, and its sustainability in worship and transactions. The researcher has concluded that what is meant by invalidation is to stop the ruling completely but with no possibility of re-implementing it. However, if it was an application of that “the rule takes place with the presence and non-existence of its cause,” then there is nothing that prevents it. Thus, it is distinguished from exclusion and also distinguished from abrogation. The reason why it is distinguished from exclusion is that the exclusion is a partial invalidation of the ruling, and also distinguishes from abrogation because invalidation is not a complete suspension in which there is no return to the ruling; Accordingly, the invalidation that is the subject of the research is fundamentally classified as an application of the rule of judgment that revolves with its cause of existence and non-existence. With regard to the opinions of fundamentalists on the condition, the researcher did not take into account those who said that the condition is not necessary; nevertheless, the researcher subjected the condition to discussion and concluded with the opinion that it is possible to elicit a reason that causes the ruling to be invalidated if the deduction is strong, and in the context of transactions, given that the reasoning is the most correct in it, unlike the context of worship. The researcher used the descriptive method in conveying the opinions of scholars and the analytical method in criticizing some of them and suggesting the opinion he reached.