(Part 28)
The Fifth Topic
Disagreement on the Authority of Certain Legal Sources
The Fifth Speech: Differences in Principles
Differences in Usul Principles
Usuli principles are the methodologies and approaches that a jurist adopts prior to performing ijtihad (independent legal reasoning). The jurist builds his legal school upon these principles and presents their outcomes to his followers. Differences in these foundational principles are among the most significant reasons for disagreement among jurists. Some of these principles are based on language and linguistics, while others rely on reason. For example:
- Difference in the definition of shared terms (mushtarak): When a word holds multiple meanings, some jurists prefer one meaning, while others prefer another. For instance, the word quroo’ can mean either menstruation or the period of purity.
- Difference in the implication of commands (amr): A command can imply obligation, recommendation, permissibility, warning, guidance, discipline, challenge, or supplication. Due to the wide range of meanings, scholars differ over the original meaning of a simple command. However, all agree that a command cannot literally imply all these meanings. Even among the meanings of obligation, recommendation, and permissibility, there is disagreement about which is primary.
- Difference in the implication of prohibitions (nahy): A prohibition can imply impermissibility, dislike, supplication, hopelessness, or guidance. Scholars differ regarding its original meaning. Some say it implies dislike, others say it implies prohibition, and some believe it is a shared term between the two.For example: The Prophet Muhammad (peace be upon him) saw Abdullah ibn Amr ibn al-As wearing two saffron-dyed garments and said, “These are garments of the disbelievers, do not wear them” (Muslim 1416 AH, 3/1647). Based on this prohibition, the majority of scholars deemed it disliked for men to wear such garments, while others considered it prohibited.
- Difference in the ruling of a command issued after a prohibition: Those who believe a command implies obligation disagree about what it means when a command comes after a prohibition. The Hanbalis, Malikis, Zahiris, and one opinion of Imam Shafi’i believe it indicates permissibility. The Hanafis believe it implies obligation.
- Does a command imply repetition or not? The preferred view is that it does not imply repetition. However, some Shafi’is and most Hanbalis argue that it does.
- Does a command imply immediacy or delay? Those who say it implies repetition also tend to believe it implies immediacy, while others argue for delay.
- General vs. restricted statements (mutlaq and muqayyad): Usulis agree that if the ruling and the cause (sabab) are the same in both texts, then the general (mutlaq) should be interpreted in light of the specific (muqayyad). But if the ruling or cause differs, the general is not restricted. For example, if the cause is the same but the rulings differ, the general is not restricted. If the rulings are the same but the causes differ, the Hanafis do not restrict the general, while the Shafi’is do.
- Literal vs. metaphorical meaning: When a word can be taken both literally and metaphorically, the Hanafis opt for the metaphorical meaning, while the Shafi’is choose the literal.