DefinePK

Research Objective

To analyze the jurisprudential rule tark al-istifl ka `umm al-maql (abandoning the demand for details like a normal conversation), determine its origin (attributed to Imam al-Shafi'i), describe its various expressions and jurists' views on it, and dispel the perceived contradiction between this rule and another rule attributed to Imam al-Shafi'i: Qaya al-awl idh taarraqa ilayh 'l-itiml kas thawb al-ijml wa saqa bih 'l-istidll.

Methodology

Analytical study of Islamic jurisprudence, focusing on the concept of al-sunnah al-Trkiah (the Prophet's abandoned actions) and the specific jurisprudential rule derived from the Prophet abandoning the demand for details in certain situations. The study involves describing different expressions of the rule and comparing jurists' views.

Methodology Flowchart

                        graph TD; A[Identify Jurisprudential Rule: Tark al-Istifl ka `Umm al-Maql] --> B[Analyze Context: Al-Sunnah Al-Trkiah]; B --> C[Describe Different Expressions of the Rule]; C --> D[Review Jurists' Views on the Rule]; D --> E[Examine Apparent Contradiction with Qaya al-awl rule]; E --> F[Attempt to Resolve Contradiction and Ascertain Origin]; F --> G[Conclusion on Rule's Application and Reconciliation];                    

Discussion

The discussion centers on al-sunnah al-Trkiah, which involves actions the Prophet intentionally abandoned, implying they should not be done. The rule tark al-istifl ka `umm al-maql is a specific application of this concept. The importance of the rule is highlighted by its use by different schools of thought to govern jurisprudential issues where disagreement arises. The research attempts to trace the first jurist to formulate this rule and reconcile it with the other Shafi'i rule.

Key Findings

The rule tark al-istifl ka `umm al-maql arises when the Prophet (PBUH) refrains from demanding details on an event or question, imposing an unrestricted order common to all cases of that condition. Most jurists have followed this rule unrestrictedly, though some have restricted it or rejected it. The study aims to resolve the apparent contradiction between this rule and the rule concerning probability (Qaya al-awl idh taarraqa ilayh 'l-itiml...).

Conclusion

The article analyzes a significant rule in Islamic jurisprudence related to the Prophet's abandonment of demanding details, which implies a general ruling. It seeks to clarify the rule's application, historical acceptance among jurists, and resolve its perceived conflict with another principle attributed to Imam al-Shafi'i.

Fact Check

1. The rule tark al-istifl ka `umm al-maql is attributed to Imam al-Shāfi'ī as its first deducer.
2. The rule apparently contradicts Qaya al-awl idh taarraqa ilayh 'l-itiml kas thawb al-ijml wa saqa bih 'l-istidll.
3. The authors are affiliated with the Department of Islamic Studies, University of Engineering & Technology, Lahore.

Mind Map