الأمر بعد الحظر وتطبيقاته من خلال الوحيين "دراسة اصولية" = Imperative comman after prohibition and its application in the light of two sources of divine revelation: an Islamic legal study

Suleiman, Hassan and Ali Hassan, Elsayed Makki Elbishr (2019) الأمر بعد الحظر وتطبيقاته من خلال الوحيين "دراسة اصولية" = Imperative comman after prohibition and its application in the light of two sources of divine revelation: an Islamic legal study. مجلة كلية الشريعة والقانو- جامعة السلطان عبد الحليم معظم شاه الإسلامية العالمية- قدح دار الأمان ماليزيا, 1 (8). pp. 29-46. ISSN 2289-3857

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Abstract

Allah S.W.T said in the Qur’an: “But when you come out of ihram, then [you may] hunt (if you wish to)” (Al-Ma’idah: 2). This imperative command as presented in the verse is not the evidence which supposes that hunting is obligatory after tahallul (coming out of ihram) and the continuity by which it is implied for occurs in the Qur’an. Verily, the ruling for everything which its ruling is preceded with permissibility then became prohibited due to a prohibitive cause which then followed by a command as the prohibitive cause disappeared is permissible as indicated by the verse and as well as the verses which Allah said: “and when the prayer has been concluded, disperse within the land” (Al-Jumu’ah: 10), “So now you can have sexual intimacy with them” (Al-Baqarah: 187) and “But when they are cleansed, then approach them” (Al-Baqarah: 222). We concluded that the revised opinion via complete induction towards the Qur’an proves that the Imperative command after Prohibition goes back to the original ruling preceding the negative order either permissible, obligatory etc. Therefore, this paper attempts to clarify the issue of Command after prohibition with a clear explanation of Usul fiqh scholars by presenting their evidences, discussion and its manifestation through its application the light of two sources of divine revelation (Al-qur’an And Sunnah) Finally this paper concludes by mentioning several important outcomes and suggestions from the research.

Item Type:	Article (Journal)
Additional Information:	8687/83939
Subjects:	B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP134.S3 Quran and Science B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam > BP173.2 Sources of Islam K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Usul al-Din and Comparative Religion
Depositing User:	Dr. Hassan Suleiman
Date Deposited:	03 Nov 2020 15:38
Last Modified:	12 Nov 2020 15:27
URI:	http://irep.iium.edu.my/id/eprint/83939

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