Exceptions from the Fiqh Rules

(Their Types and Applying Analogy to Them)

Dr. Abdul Rahman Ibn Abdullah Al-Shaalan

Abstract

1. The exception from Fiqh rules is one of the important issues, from both its theoretical and applied aspects. However, previous studies covering it are almost non-existent. Therefore, it needs to be studied and investigated.

2. This research paper consists of an introduction, a preface, four themes and a conclusion.

3. The preface consists of three topics; the first one for explaining the meaning of the rule, the second for determining the principles of the rule and the third for showing the meaning of exception from the rules.

4. In the first theme, the exceptions are divided, based on presence or absence of difference, into two types: those agreed upon and those not agreed upon. Thus, an issue may be excepted for a certain school of thought or a certain scholar, while not excepted for others. Such difference has certain reasons, which are explained in the paper.

5. In the second theme, the exceptions are divided, based on their similarities, to their rules into two types: the first type: excepted due to similarity to rules in form. The second type: excepted due to presence of true similarity.

6. In the third theme, exceptions are divided, based on rationality and non-rationality of their meaning, into two types. The first type: exceptions with non-rational meaning, which may be called worship exceptions. The second type: exceptions with rational meaning.