Things Whose Provisions Are Not Found in The Qur'an And Sunnah And The Definition of The Shari'a's Judgment

Abstract

Since the verdict of all the issues that occurred isn't found in the Qur'an, fuqaha has developed various procedural instruments to arrive at the Shari'a rulling. However, there was no consensus on the legitimacy of making judgments using them. In fact, the issue is about the definition of the religious judgment. Thus, the judgment reached on issues that are not included in al-Kitaab and as-Sunnah may not be suitable for the definition of religious judgment. Since it rejects the rationality of al-husn-al-qubh by equating the judgment with the divine address, it would be a contradiction that the common definition is taken as a basis by those of the opposite view. Therefore, the Shari'a rulling should be redefined in a way to save those who claim that al-husn-al-qubh is rational from this contradiction. The definition should contribute to the correct definition of judgment and the use of the Nass in their right place, in today's world where the gap between Nass and reality is widening.