Favoring the Evident Report over the Permissible according to Usul Scholars and Its Impact on Jurisprudential Branches

Abstract

This study examines the principle of preferring the prohibitive report over the permissive one, as outlined by scholars of Islamic legal theory (uṣūl al-fiqh), and its implications for various juristic branches. In the preface, I define the key terms — tarjīḥ (preference), al-ḥāẓir (the prohibitive), and al-mubīḥ (the permissive) — both linguistically and terminologically. I also clarify the meaning of preferring the prohibitive report over the permissive one as understood by the scholars of uṣūl al-fiqh. The study is divided into four main sections. The first section discusses the evidences indicating the preference of the prohibitive over the permissive. The second section addresses the linguistic expressions and forms through which this preference is conveyed, along with the scholarly views on their probative value. The third section presents and analyzes the opinions of the scholars of uṣūl al-fiqh regarding the preference between the prohibitive and the permissive, examines their supporting evidences, and concludes with the most preponderant opinion. The fourth section explores the practical impact of preferring the prohibitive report over the permissive in applied jurisprudence, supported by illustrative examples of juristic applications derived from this principle. The study concludes with a summary of the key findings and recommendations.