44. The Shariah Evidences Must Be Decisives ( Al Adillah- Tu-shariah Yajebo An Takoona Qateyyah)
The adillah of the shari'ah are the basis (usoul) of the shari'ahi verdicts, they are decisive similarly like the usoul of the religion (deen), so they are not indecisive (dthanniah). The usoul of the whole shari'ah whether they are the usoul of the deen or the usoul of the ahkaam which are the shari'ah evidences are inevitable to be decisive, and they are not allowed to be indecisive for the saying of Allah Ta’ala: {And pursue not that which you have no knowledge…) 36 Surat Al-Israa’, and His saying: But most of them follow nothing but conjecture; truly conjecture can be of no avail against Truth. Verily Allah is well aware of all that they do) 36 Surat Younos. The masses of the scholars had mentioned that usoul al ahkaam must be decisive (qat’iyah), Al-Haafidth Al-Mujtahid Abu Ishaaq Ibraaheem Ibn Mussa Al-Lakhmy Al-Ghornaaty known by Al-Shaatiby said in his book Al-Mowaafaqaat: “verily the usoul of the fiqh of the deen are decisive, not indecisive, and the evidence on that is, because they are referred to the totalities of the shari'ah, and that which is as such; is decisive” and he said: “If the indecisive is related to the totalities of the shari’ah, then it is possible to be related to basis of shari’ah (The Aqeedah), because it is the first totality, and that is not allowed”, and he said: “If it is allowed to make the indecisive one of the basis of the fiqh, then it becomes allowed to make it basis of the deen, and it is unanimously not like that, and so is the case here, because usoul al-fiqh are of the same relation to the shari’ah like usoul al-deen”, and he also said: “ Some scholars said: there is no way to prove the basis of the shari’ah by the indecisive, because it is a legislation, and we don’t worship by the indecisive except in the branshes”, and he said: “ The basis however, must be decisive; because if it is indecisive; it would be a possibility of disparity and such thing could not be a basis in the deen”.