15) Principles Of Hanafi Fiqh
The Ruling Of
The warning is not for the specific occasion, in fact it applies in general. For example, if any Aayat was revealed for a specific incident, then it’s ruling/application will not be specific only to that time, but if any similar occasion arises, then this nass will apply here also. For example the Aayat, “Woe to Al-Mutaffifeen (those who give less in measure or weight), those who when they have to received by measure from men, demand full, and when they have to give by measure or weight to men, give less than due”, was revealed regarding a specific group of people, but its message is not specific to them only. Like this there are many Aayaat which are not specific to the occasions they were revealed for.
In effect, an Aayat was revealed for one particular incident but its application is general. Every incident has a particular law applicable to it. So if any law existed before any incident, then that law will apply, but if no law exists, then a law will have to be devised. General Laws need to be devised so that their application can be to a wide set of incidents, so that whenever a need arises a law can be applicable. This now explains the secret behind the ruling of the Fuqahaa that, This is a logical mas`alah also which requires no much explanation. [Huqooquz Zawjain, page 307-8]
[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]
» Posted by Seifeddine-M on 22nd December 2011
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