Categories of Islamic Legal Rulings
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Some scholars, when discussing certain jurisprudential issues, sometimes stipulate that there must be direct evidence for the issue, otherwise they do not affirm it. At other times, they affirm the issue and argue for it using the general evidences of the Shari'ah.
What is the difference between the two?
The difference between them: The difference is that Islamic legal rulings are divided into two categories: a category in which the Lawgiver has specified the ruling explicitly, such as: [Al-Ma'idah: 3] and so on,And like His saying the Exalted: [An-Nisa: 24] meaning: from among women, and there are many examples of this.
And another category in which the ruling is not specified explicitly, but is mentioned in the general principles of the Shari'ah and the general evidences of the Shari'ah. This is because the Shari'ah is comprehensive and general for everything, and it is not possible to specify every issue individually; because this would require many volumes that neither camels nor cars could carry. However, there are general principles by which Allah bestows upon whomever He wills of His servants, enabling them to attach specific details to the rulings of these general principles,For example: such as (There is no harm and no reciprocating harm). This is a hadith, and although there is a consideration regarding its authenticity, the principles of the Shari'ah bear witness to it. Thus, thousands of issues involving harm, and thousands of issues involving reciprocating harm, can be included under this without being explicitly specified,For example: In the era of the Commander of the Faithful, 'Umar ibn al-Khattab (may Allah be pleased with him), there was a dispute between two men. One of them had two plots of land, with the other man's land in between them. The owner of the two plots wanted to run water from the other man's land to his other plot,So the owner of the land refused and said: [You cannot run water across my land], so the matter was brought to the Commander of the Faithful, 'Umar ibn al-Khattab (may Allah be pleased with him), and he ordered that the water be run across his land by force, and he said: [I will run it even if it is over your belly,or he said: over your back]; because this neighbor who refused to let the water pass through his land only intended to cause harm to his companion, whereas otherwise the benefit is for him,Meaning: as he is able to plant on this running water or cultivate it, so it is a benefit for both parties.
What is the difference between the two?
The difference between them: The difference is that Islamic legal rulings are divided into two categories: a category in which the Lawgiver has specified the ruling explicitly, such as:
Prohibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah
حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالدَّمُ وَلَحْمُ الْخِنْزِيرِ وَمَا أُهِلَّ لِغَيْرِ اللَّهِ بِهِAnd lawful to you are [all others] beyond these
وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْAnd another category in which the ruling is not specified explicitly, but is mentioned in the general principles of the Shari'ah and the general evidences of the Shari'ah. This is because the Shari'ah is comprehensive and general for everything, and it is not possible to specify every issue individually; because this would require many volumes that neither camels nor cars could carry. However, there are general principles by which Allah bestows upon whomever He wills of His servants, enabling them to attach specific details to the rulings of these general principles,For example: such as (There is no harm and no reciprocating harm). This is a hadith, and although there is a consideration regarding its authenticity, the principles of the Shari'ah bear witness to it. Thus, thousands of issues involving harm, and thousands of issues involving reciprocating harm, can be included under this without being explicitly specified,For example: In the era of the Commander of the Faithful, 'Umar ibn al-Khattab (may Allah be pleased with him), there was a dispute between two men. One of them had two plots of land, with the other man's land in between them. The owner of the two plots wanted to run water from the other man's land to his other plot,So the owner of the land refused and said: [You cannot run water across my land], so the matter was brought to the Commander of the Faithful, 'Umar ibn al-Khattab (may Allah be pleased with him), and he ordered that the water be run across his land by force, and he said: [I will run it even if it is over your belly,or he said: over your back]; because this neighbor who refused to let the water pass through his land only intended to cause harm to his companion, whereas otherwise the benefit is for him,Meaning: as he is able to plant on this running water or cultivate it, so it is a benefit for both parties.