The Impact of Incidental Doubt on the Continuation of the Descriptive Attribute that Establishes the Ruling According to the Maliki School – An Applied Foundational Study

Authors

Khlouq D. Agha, Department of Jurisprudence and its Principles, Sheikh Nuh College of Sharia and Law, world Islamic Sciences Education University, Amman, Jordan.
Shibli A. Obeidat, Department of Maliki Jurisprudence and its Principles, College of Maliki Jurisprudence, world Islamic Sciences and education University, Amman, Jordan.Follow
Rogayah S. Alqaraleh, Department of Shafi’i Jurisprudence and its Principles, College of Shafi’i Jurisprudence, world Islamic Sciences and education University, Amman, Jordan.
Ibrahim A. Abualadas, Department of Maliki Jurisprudence and its Principles, College of Maliki Jurisprudence, world Islamic Sciences and education University, Amman, Jordan

DOI

10.35552/0247.38.11.2287

Abstract

Objective: This study aims to elucidate the impact of incidental doubt on the descriptive attribute that establishes a ruling in its continuation (Istiṣḥāb) according to Maliki Stream. This necessitated conducting an applied foundational study of this type of continuation (Istiṣḥāb), by addressing the primary question: Does incidental doubt regarding the descriptive attribute that establishes a ruling have the strength to annul the continuation (Istiṣḥāb) of that attribute and change the established ruling in Maliki jurisprudence? Methedology: The researchers in this study relied on inductive and descriptive-analytical methodologies. Results: The study concluded with several findings, most notably that the continuation (Istiṣḥāb) of the descriptive attribute that establishes a ruling is the persistence of confirming the attribute upon which the legislator based a ruling until evidence emerges to negate or alter that attribute. Furthermore, while the Malikis agree with the majority in arguing for the continuation (Istiṣḥāb) of the descriptive attribute that establishes a ruling in principle, they differ in its application when doubt arises in certain branches of jurisprudence, causing the ruling to oscillate between two origins: one affirming the descriptive attribute that establishes the ruling, and the other negating or altering it, based on the principle of "precaution" in worship and (Ábdá - Foroug). Recommendations: Based on these results, the researchers recommended to direct students and researchers to pay attention for studying the effect of doubt on the remaining types of continuation (Istiṣḥāb), and to focus on deepening the specialized study in the principles of four jurisprudence streams, in addition to study the jurisprudential branches which based on those principles, and explaining the reasons for abandoning the constant principles in them sometimes. Division: Due to the nature of the study, it is necessary to divide it into introductory section and two main sections. In the introductory section, we discussed the nature of (Istiṣḥāb) of descriptive attribute that establishes a ruling. In the first section we explained the truth of (Istiṣḥāb) in the description proof rule in Maliki Stream, and in the second section we proposed an applied examples in Maliki branches on (Istiṣḥāb) proves this judgment and its absence.

Recommended Citation

Agha, Khlouq D.; Obeidat, Shibli A.; Alqaraleh, Rogayah S.; and Abualadas, Ibrahim A. (2024) "The Impact of Incidental Doubt on the Continuation of the Descriptive Attribute that Establishes the Ruling According to the Maliki School – An Applied Foundational Study," An-Najah University Journal for Research - B (Humanities): Vol. 38: Iss. 11, Article 3.
DOI: 10.35552/0247.38.11.2287
Available at: https://digitalcommons.aaru.edu.jo/anujr_b/vol38/iss11/3