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This involves examining the Shar’iyah texts to acquire knowledge of the matter that is the cause or motive for the Hukm. This requires us to be knowledgeable of the Alfaazh (worded expressions) and Asaleeb (styles) that establish reasoning, and their application upon the texts. So for example the following statement of the Messenger (saw) would be examined to see if it establishes reasoning (Al-‘Illiyah) or not:
In respect to the free grazing sheep there is Zakaah (due)
(Al-Bukhaari and Abu Daawood with a different wording)
And so in this way every Hukm Shar’iy is based upon two premises:
The first: Tahqeeq ul-Manaat and this is purely rational. Its purpose is to attain knowledge of the reality of the thing or matter that a Hukm is sought to be pronounced upon.
The second: Understanding the Shar’iyah texts related to this reality which includes within it the Tahqeeq (verification or ascertainment) of the ‘Illah.
That is then followed by: Applying the second upon the first. Or said differently: Through acquiring knowledge of the reality and gaining knowledge and understanding (of the texts) the knowledge of the Hukm of Allah in respect to that reality is arrived at.
Reference: Al-Waadih Fee Usool ul-Fiqh - Muhammad Hussein Abdullah
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