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Understanding Usul Al-Fiqh2 min readViewed 2 times

6.5 „Illah from the Text or the Mind?


Although some scholars like those from the Hanafi school accept rationale „Illah‟s, the strongest position is that the „Illah must be from the text. This is because the mind is not capable to determining the reasons for the rules unless they have been revealed by Allah (swt). The „Illah is the daleel which allowed the extension of the rule to a new matter. For this rule to be a Hukm Shar‟i i.e. a valid ruling of the Shar‟iah, it must be taken from the speech (Khitaab) of the Legislator since the definition of Hukm Shar‟i is the speech of the Legislator relating to man‟s actions. Any rule which is not from the speech of the legislator is rejected because it is not revelation (Wahiy) and we are ordered only to follow the Wahiy in our actions. To extend the rule without a textual „Illah would be like extending the prohibition of alcohol to vinegar just because vinegar originates from alcohol. Alcohol is one reality and vinegar is another. One cannot arbitrarily extend the Hukm without the text allowing such an extension. If the text allows it through an „Illah, then this is a valid Hukm Shar‟i, if not then it is a rational judgment which has no value in the Shar‟iah.

This is notwithstanding the fact that man is unable to give judgment on that which he cannot sense. If the Creator did not provide us the reason („Illah) for the legislation of the rule then how can man judge it. Thus, not only is the rational „Illah rejected from the viewpoint of Hukm shar‟i but it is practically impossible for man to give such a judgment in the first place.

Furthermore, the fact that the mind cannot make analogy without a Shar‟i „Illah is aptly demonstrated by the reality of the Shari‟ah rules themselves. For example, we find similar realities are given different Ahkam while different realities are given the same Hukm. The mind can normally make analogy between similar things but the text contradicts this principle: So in the absence of water, of all things dust are sufficient to make Wudhu even though they are two different things. According to the Shari‟ah rules if a baby girl urinates on clothes then the clothes must be washed but if a baby boy does the same then it is sufficient just to sprinkle some water on it. Thus, similarity does not mean the same Hukm just as dissimilarity does not mean a different Hukm. So how can the mind make analogy for the sake of new Ahkam when even the existing Ahkam cannot be rationalised without a Shar‟i „Illah?

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Chapters (80)
  1. 1Introduction to this edition
  2. 2Introduction
  3. 31. Basic Terms In Islamic Jurisprudence
  4. 41.1 Fiqh
  5. 51.2 Usul Al-fiqh
  6. 61.3 Shari‟ah
  7. 71.4 Hukm Shara‟i
  8. 81.5 Types Of Hukm Shara‟i
  9. 91.6 The Application Of Shar‟iah
  10. 102. Daleel
  11. 112.1 Structure of Daleel
  12. 123. Qur‟an
  13. 133.1 Revelation of the Qur‟an
  14. 143.2 Arrangement of the Qur‟an
  15. 153.3 Compilation of the Qur‟an
  16. 163.4 Open & Hidden meaning?
  17. 173.5 The Muhkamaat (clearcut) and Mutashaabihaat (ambiguous)
  18. 183.6 Asbaab An-nuzool (circumstances Of Revelation)
  19. 193.7 Abrogation (Naskh)
  20. 204. Sunnah
  21. 214.1 The Sunnah Is A Definitive Source
  22. 224.2 Types of Sunnah
  23. 234.3 Basic Terms in Hadith
  24. 244.4 Reconciling a perceived conflict between two or more Ahadith
  25. 254.5 The Application of the Sunnah
  26. 265. Ijma‟ as-Sahabah
  27. 275.1 The meaning of Ijma‟
  28. 285.2 Examples of Ijma‟ as-Sahabah
  29. 295.3 Daleel indicating the Authority of Ijma‟ as-Sahabah
  30. 305.4 Who is a Sahabi?
  31. 316. Qiyas
  32. 326.1 The meaning of Qiyas
  33. 336.2 Daleel indicating the Authority of Qiyas
  34. 346.3 The Process of Qiyas
  35. 356.4 The Arguments of those who reject Qiyas
  36. 366.5 „Illah from the Text or the Mind?
  37. 376.6 The areas of Ahkam Shari‟ah which do not contain „Illah
  38. 386.7 Types of Ahkam Shariah where an „Illah can be found
  39. 396.8 Customs and traditions cannot be an „Illah
  40. 406.9 Difference between Manaat al-Hukm (reality of the rule) and „Illah
  41. 417. Sources of Hukm Shar‟i not agreed upon by all the Ulema
  42. 427.1 Ijma‟ al Ummah
  43. 437.2 Ijma‟ al Mujtahideen
  44. 447.3 Ijma‟ Ahlel Bayt
  45. 457.4 Ijma‟ Ahlel Medinah
  46. 467.5 Istihsan
  47. 477.6 Masalih Al Mursalah
  48. 487.7 Laws revealed before Islam (Shar‟a man qablana)
  49. 498. Ijtihad
  50. 508.1 Evidences for Ijtihad from the Sunnah
  51. 518.2 Evidences For Ijtihad From Ijma As-sahabah
  52. 528.3 Qualifications for performing Ijtihad
  53. 538.4 Types of Mujtahid
  54. 548.5 Reasons for differences of opinion among the Mujtahideen
  55. 559. A Brief Overview of Some Schools of Thought
  56. 569.1 Era of the Prophet (Saw)
  57. 579.2 Era of the Sahabah (ra)
  58. 589.3 Era of the Tabi‟een
  59. 599.4 Madhab of Imam Abu Hanifah
  60. 609.5 Madhab of Imam Malik
  61. 619.6 Madhab of Imam Shafi‟i
  62. 629.7 Madhab of Imam Ahmad Ibn Hanbal
  63. 639.8 Madhab of Ibn Hazm
  64. 649.9 Introduction to Madhab of Imam Zayd and Imam Jafar
  65. 6510. Do We Need a New School or Madhab?
  66. 6610.1 Reason for Differences of Opinion among the Mujtahideen
  67. 6711. Taqleed
  68. 6811.1 Daleel for performing Taqleed
  69. 6911.2 Muslims must ask for Daleel
  70. 7011.3 Taqleed is forbidden in the „Aqeedah (Belief)
  71. 7111.4 Muqalid shifting from one Opinion to Another
  72. 7212. Topics Related To Islamic Jurisprudence
  73. 7312.1 Wahy (Revelation)
  74. 7412.2 Role of „Aql
  75. 7512.3 Does the Shariah Apply on Non-Muslims?
  76. 7612.4 Was Prophet Muhammed (saw) A Mujtahid?
  77. 7712.5 Can Fiqh Be Changed?
  78. 7812.6 Need for a Minority Fiqh?
  79. 79Conclusion
  80. 80Bibliography