Significance of the General Rule on Unintentional Image Cases Originality & Application

Abstract

This is a detailed study on an Islamic Jurisprudence rule mentioned in the general rule aspect in Islamic jurisprudence books. It was indicated by the Hanafites in their books in a chapter on (erroneous deductions). It is termed (significance of the general rule on unintentional image). Its description is that if the general address is given out in a context for the purpose of praise or criticism praise is its rule confined to the specific image for which it was contextualized or its phrase is taken for general use, hence it can be taken as evidence to images for which the speech was not contextualized?

Relevant matters of the rule and their minute aspects were verified in three sub-divisions. The first covers the definition of terminologies of the rule, its images, its name, its application field, its examples, the type of the generality pertaining to the rule, its controlling principles, difference between it and other similar rules and its originality among the principles of the Islamic jurisprudence. The second tackles presenting the difference among the schools of thought in the significance of the rule, verification of the disputed aspect of the rule, presentation and discussion of the proofs adopted by schools of thought, deciding on the selected school of thought, elucidation of the reasons of the difference over the rule. The third explains the jurisprudential effects of the rule.

The conclusion focuses on the preponderance of considering the rule and the validity of its induction with general rules for unintentional images in a no-conflict case, because proofs and matters-deciding reasons are many.

The research indicates the substantial impact of this rule on the jurisprudential branches derived from the Islamic texts; and that it is a broad field in the words of the adults as the rule was also a jurisprudential law, because it is linked to their deeds. Thus, the rule was researched by certain individuals authoring on jurisprudential matters.

Key words: General rule confinement-objective- derived revolving general rule- purpose of praise or criticism- unintentional image.