al-Masail al-Fiqhiyya allati humila al-nahy fiha ala ghayr al-tahrim - min Kitab al-Tahara ila Bab Salat al-Tatawwu
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- al-Masail al-Fiqhiyya allati humila al-nahy fiha ala ghayr al-tahrim - min Kitab al-Tahara ila Bab Salat al-Tatawwu
al-Masāʾil al-Fiqhiyya allatī humila al-nahy fīhā ʿalā ghayr al-taḥrīm - min Kitāb al-Ṭahāra ilā Bāb Ṣalāt al-Taṭawwuʿ (Jurisprudential Issues in Which Prohibition Was Interpreted as Other Than Unlawfulness: From the Book of Purification to the Chapter of Voluntary Prayer) is an academic study in Islamic jurisprudence by Jamila bint Shafee Abd al-Rahman Ali, presented as a master's thesis at Imam Mohammad Ibn Saud Islamic University in Riyadh for the academic year 1442–1443 AH / 2020–2021 CE under the supervision of Dr. Muhammad ibn Saud al-Khamis .
Purpose and Scope
The study examines practical jurisprudential applications where textual prohibitions (al-nahy) were interpreted by scholars as indicating rulings other than strict prohibition (taḥrīm), such as recommendation or detestation (karāha) . It identifies the contextual indicators (qarāʾin) and legal rationales that divert the prohibition from its primary legal implication, surveying eighty specific issues across the chapters of purification (al-ṭahāra) and part of prayer (al-ṣalāh) . The research was conceived to complement a counterpart study undertaken in the same department concerning jurisprudential issues wherein legal commands (al-amr) were construed as conveying rulings other than strict obligation (al-wujūb) .
Structure
The work comprises an introduction, a theoretical legal preface, two main parts, a conclusion, and analytical indices :
- Preface (al-Tamhīd): Covers foundational legal theory (uṣūl al-fiqh), including the linguistic and technical definitions of prohibition (al-nahy) and diverting contextual indicators (al-qarīna), textual expressions conveying prohibition, and categories of diverting indicators .
- Part One (al-Bāb al-Awwal): Treats issues in the Book of Purification (Kitāb al-Ṭahāra) across six chapters: waters (al-miyāh), vessels (al-āniya), manners of relieving oneself (ādāb qaḍāʾ al-ḥāja), innate normative practices (sunan al-fiṭra), the description of ablution and its nullifiers (ṣifat al-wuḍūʾ wa-nawāqiḍuh), and the removal of impurities (izālat al-najāsa) .
- Part Two (al-Bāb al-Thānī): Treats issues in the Book of Prayer (Kitāb al-Ṣalāh) across seven chapters: the call to prayer (al-adhān), mosques (al-masājid), prayer times (al-mawāqīt), covering the nakedness (satr al-ʿawra), manners of walking to prayer (ādāb al-mashy ilā al-ṣalāh), the description of prayer (ṣifat al-ṣalāh), and voluntary prayer (ṣalāt al-taṭawwuʿ) .
- Conclusion and Indices: Synthesizes the main findings and recommendations, followed by indices of Quranic verses, prophetic traditions, reports, biographical entries, terms, and subject matter .
Method
For each of the eighty issues, the author presents the primary textual evidence containing the prohibition, outlines the viewpoints and arguments of the authoritative schools of jurisprudence (al-madhāhib al-fiqhiyya), evaluates their counter-arguments, and establishes the preferred ruling (tarjīḥ) . Each discussion concludes with an examination of the specific diverting indicator (al-qarīna al-ṣārifa) relied upon to shift the ruling away from prohibition, evaluating its strength and legal weight .
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