PUT ARTICLE TITLE HERE (35)
This study aims to examine and establish the juristic principle that a prohibition entails invalidity according to the Hanbali school of Islamic jurisprudence.It explores the extent to which a legal prohibition indicates the invalidity of the prohibited act and the non-existence of its legal effects, whether in acts of worship or transactions.The study begins by defining the key terms forming the principle-implication, prohibition, and invalidity-both linguistically and technically, clarifying that the subject of discussion concerns an absolute prohibition indicating unlawfulness without any qualifying evidence.It further addresses the fundamental question of whether such a prohibition necessarily leads to invalidity or not.The research also examines the legal implications of prohibition by analyzing its forms and meanings in Islamic legal theory, concluding that the original meaning of prohibition is prohibition (arm) unless contextual evidence suggests otherwise.In addition, the study categorizes prohibited acts into those prohibited in themselves, those prohibited due to an inseparable attribute, and those prohibited due to an external or accompanying factor, highlighting the role of this classification in juristic disagreement.The study then presents the major scholarly opinions on the principle and their evidences, ultimately favoring the view that prohibition generally entails invalidity.Finally, it focuses on the Hanbali position, demonstrating that the Hanbali jurists are among the most expansive schools in applying this principle.They hold that prohibition entails invalidity when it relates to the essence of the act or an inseparable attribute, while offering nuanced positions when the prohibition concerns an external factor, depending on whether it undermines a condition or requirement of the act.The study concludes that differences among jurists stem from differing approaches to legal reasoning and the determination of whether the prohibition is inseparable from the act or independent of it.
Publication Details
- Journal
- Humanitarian and Natural Sciences Journal
- Published
- 2025-12-31
- DOI
- https://doi.org/10.53796/hnsj71/35
- Primary Topic
- Diverse Scientific and Economic Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00