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Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah

An-Naskh before At-Tamakkun (consolidation)

- The Mu’atazilah and the followers of Al-Imaam Abu Haneefah said:

That the Naskh before At-Tamakkun (consolidation) is not permitted. They said that this type of Nash is an impossibility because commanding the Mukallaf with a matter at a time demands that he views it as Hasan whilst forbidding him from the same matter in that time requires that he views it as Qabeeh (ugly). As such the same one action by the same person at the same time would be both Hasan and Qabeeh which is contradictory and not possible.

- The majority including the Ashaa’irah, the Hanaabilah, Al-Aamadiy and Al-Imaam Al-Haramayn said that the Naskh before the action is possible and that an impossibility is not built upon that as a consequence. To support this view, they used as evidence the story of the sacrificial slaughter of Isma’eel (as) as Allah Ta’Aalaa had commanded Ibrahim (as) to slaughter his son and then averted him from that before undertaking the action and exchanged his son with a great ram.

It can be noticed here that the ‘Ulamaa had laid down (theoretical)

suppositions and then began a discussion around them. This is despite the Ahkaam Ash-Shar’iyah representing practical rulings that are applied upon sensed realities. It would have been better and more worthy of them to have looked into and examined the reality of AnNaskh as found in the Kitaab and the Sunnah and the realities that it was applied in, just as the Messenger of Allah (saw) and his Sahaabah (rah) who came after him used to do.

Reference: Al-Waadih Fee Usool ul-Fiqh - Muhammad Hussein Abdullah

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