The Relationship Between Defining Rulings (Al-Hukm Al-Taklifi) and Declaratory Rulings (Al-Hukm Al-Wad'i) and Its Impact on Jurisprudential Characterization and Preference: An Applied Usuli, Fiqhi, and Maqasidi Study

Abstract

The research discusses the relationship between the declaratory (wad'i) and defining (taklifi) rulings by clarifying the points of agreement and disagreement between them, when they overlap and intertwine, and when they differ and diverge. The research also explains the extent of the influence of one ruling on the other, whether that influence is by way of facilitation and removal of hardship and distress, or by way of restriction or specification of generalities and absolute statements. Furthermore, the research focuses on clarifying the consequences of those relationships on the adaptation of the legal (shari'a) ruling on one hand, and on jurisprudential preference (tarjih) on the other. The study has combined both aspects: the theoretical and the applied, and both fields: the jurisprudential (fiqhi) and the fundamental (usuli), in addition to activating the teleological (maqasidi) role.