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

Types Of Ash-shart

The Shart in respect to the Mashroot (the matter that has conditions placed upon it) is of two kinds:

1 – The Shart that is completing to the Musabbab (caused matter): This is the Shart of the Fi’l (action).

Example: Covering of the ‘Awrah is a condition (Shart) in the Salaah as it is a Wasf (description) completing the matter that has conditions applied to it (Al-Mashroot) and that is the action of the Salaah.

The Shuroot (conditions) in this kind or type of Shart returns back to the Hukm At-Takleefiy like At-Tahaarah, Al-Wudoo’, the covering of the ‘Awrah, the purity of clothing which are all Shuroot (conditions) within the Salaah whilst the Salaah is a Hukm Takleefiy. 2 – The Shart which completes the Sabab: This is the Shart of the Sabab of the Fi’l (action).

Example:

‘Al-Ihsaan’ (حصانْ لِا) (i.e. marriage) is a Shart for the Zinaa which is the Sabab (cause) for stoning (Ar-Rajm). Consequently, Al-Ihsaan is the Shart that completes the Sabab for the stoning whilst the Sabab is Zinaa.

Similarly, taking property from a safely stored location is a Shart in respect to the Saraqah (theft) which is the Sabab for cutting the hand of the thief.

The Shuroot (conditions) of this kind return back to the Hukm Al-Wad’iy (and not At-Takleefiy). They are Shuroot for the Asbaab (causes) and the Sabab is a type from amongst the types of the Hukm Al-Wad’iy.

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

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