The Meaning of the Phrase: Religious Matters Are Based on Conjecture
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Question:
Exactly. Some interpretations and other works state that religious matters are based on conjecture. What is the meaning of this phrase? And are there any means or arrangements that explain this phrase?
Answer:
Not all matters of the Shari'ah are based on conjecture. Not all matters of the Shari'ah are built upon conjecture. Matters built upon mass-transmitted texts or authentic texts from the Messenger (peace and blessings be upon him) are not built upon conjecture. What is built upon conjecture is the derivation of the jurists; the derivations of the jurists are built upon conjecture, because each jurist seeks out what he has reached in this regard. This is what is built upon preponderant conjecture: what he is convinced is the intended meaning of the wording. This is what is built upon preponderant conjecture, except in matters of independent legal reasoning (ijtihad). As for matters that are not subject to independent legal reasoning, these are built upon certainty, not conjecture. Matters of creed are built upon certainty. Likewise, matters in which the soul is involved, such as "It has been made forbidden to you dead animals"—is this built upon conjecture? Is the prohibition of dead animals built upon conjecture? No.[Al-Ma'idah 5:3] I think that regarding [associating partners with Allah] for other than Allah, this is built upon certainty that Allah has previously forbidden these things. And "do not commit unlawful sexual intercourse"—this is built upon certainty, meaning certainty. So when it is required to be built upon conjecture, no, it is built upon certainty, because Allah (Glorified and Exalted is He) has established it. And "He has forbidden to you the unclean things"—is the prohibition of unclean things built upon conjecture? No, it is built upon certainty, because Allah has established the prohibition of unclean things. And "He has made lawful to you the good things"—is the permissibility of good things built upon conjecture? No. The result is that this statement is general.
Exactly. Some interpretations and other works state that religious matters are based on conjecture. What is the meaning of this phrase? And are there any means or arrangements that explain this phrase?
Answer:
Not all matters of the Shari'ah are based on conjecture. Not all matters of the Shari'ah are built upon conjecture. Matters built upon mass-transmitted texts or authentic texts from the Messenger (peace and blessings be upon him) are not built upon conjecture. What is built upon conjecture is the derivation of the jurists; the derivations of the jurists are built upon conjecture, because each jurist seeks out what he has reached in this regard. This is what is built upon preponderant conjecture: what he is convinced is the intended meaning of the wording. This is what is built upon preponderant conjecture, except in matters of independent legal reasoning (ijtihad). As for matters that are not subject to independent legal reasoning, these are built upon certainty, not conjecture. Matters of creed are built upon certainty. Likewise, matters in which the soul is involved, such as "It has been made forbidden to you dead animals"—is this built upon conjecture? Is the prohibition of dead animals built upon conjecture? No.
Prohibited to you are dead animals, blood, the flesh of swine, and
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالدَّمُ وَلَحْمُ الْخِنزِيرِ وَمَا
Source
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The Arabic text is a machine transcription of the audio recording.