(Series of Answers by the Honorable Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of the Visitors of his Facebook Page "Fiqhi")
Answer to Question
To: Abu Hanifa
Question:
Peace be upon you and the mercy of Allah and His blessings. May Allah protect and care for you, honorable Ameer.
It was stated in the definition of the evidence of Usul (Principles): "It is that through which one reaches the knowledge of a propositional requirement (matlub khabari)..." and in the definition of the evidence of Furu' (Branches): "That through which correct contemplation leads to a propositional requirement (matlub khabari)..." end quote. What is meant by "propositional requirement"?
Does the "indication" (amara) include the matter for which the evidence provides a definitive (qat’i) indication, as well as the matter for which the evidence provides a speculative (zhanni) indication after exerting effort in understanding the evidence and deducing its indication for that matter?
May Allah reward you with goodness.
Answer:
Walaikum Assalam wa Rahmatullahi wa Barakatuh,
The "evidence" (dalil) in the custom of the scholars of Usul is "that through which it is possible to reach the knowledge of a propositional requirement (matlub khabari)," while among the jurists (fuqaha), it is "that through which correct contemplation can lead to a propositional requirement (matlub khabari)."
The term "propositional requirement" appeared in both definitions to guard against the "conceptual requirement" (matlub tasawwuri). To understand the meaning of "propositional requirement," one refers to the specialists in technical terminology, who distinguish between two types of requirements: the conceptual requirement and the propositional requirement. As for the conceptual requirement (matlub tasawwuri), it is the conceptualization of the reality of a thing in the mind through its definition.
For example: when you say "universe" as a single word, or "created" as a single word, your conceptualization of the meaning of the universe and its essence, and your conceptualization of the meaning of "created" and its essence, falls under the conceptual requirement. Thus, the conceptual requirement is of the nature of a single term (mufrad). However, after conceptualizing the meanings of these individual words, if you attribute one to the other in a relationship that admits belief or denial—for instance, if you say: "The universe is created"—you have here attributed the "predicate" (khabar) of being "created" to the "universe." In other words, you have informed about the universe that it is created. Stated differently, you have affirmed this proposition and believed it, i.e., judged it to be true. This is the "propositional requirement" (matlub khabari). It is called a propositional requirement because it is of the nature of a predicative attribution in a nominal or verbal sentence; it is of the nature of a compound (murakkab) and not a single term (mufrad).
Another example is "alcohol is haraam." Your knowledge of the meaning of the words, each one alone, is a conceptualization. That is, to know the meaning of alcohol as an "intoxicating drink"—this definition does not imply lawfulness or prohibition (i.e., it does not provide a ruling); rather, it is a conceptualization of the meaning in the mind. Similarly, knowing the meaning of "haraam" as "prohibited"—this single word does not imply a ruling; it is a definition and a conceptualization in the mind. Thus, every single word, when defined on its own without linking it to another, is a conceptual requirement.
However, if you attribute one to the other and say, "alcohol is haraam," and you believe in this "compound" proposition, judging that alcohol is indeed haraam, or you deny this proposition by saying alcohol is not haraam, this is called a propositional requirement in both cases.
Another example: "Zaid is standing." If you know the meaning of Zaid as a specific person, and "standing" as being on his feet, this is called a conceptualization (tasawwur). If you then judge that Zaid is standing—meaning you believe the content of this proposition—or judge that Zaid is not standing—meaning you deny the content of this proposition—this is likewise called a propositional requirement.
Therefore, the propositional requirement is built from two conceptual requirements. You first conceptualize the reality of something in the mind (i.e., you understand its reality), then you conceptualize the reality of another thing in the mind (i.e., you understand its reality), then you attribute one of the two things to the other in a predicative, propositional relationship (i.e., through a nominal or verbal sentence) and judge it by affirmation or negation, by belief or denial, by right or wrong, or by implementation or non-implementation. This predicative relationship is the propositional requirement.
The propositional requirement is of the nature of a compound (murakkab) and is reached through evidence, whether it is definitive (qat’i) or speculative (zhanni), intellectual (aqli) or transmitted (naqli). Your statement "the universe is created" is a propositional requirement reached through evidence. Your statement "alcohol is haraam" is a propositional requirement reached through evidence. Your statement "Zaid is standing" is a propositional requirement reached through evidence.
As for the conceptual requirement, it is of the nature of a single term (mufrad) and is not reached through evidence. Rather, it is the understanding of the reality of the single word and its meaning. For example:
"The universe is created" requires evidence to prove it because you ask: "What is the evidence that the universe is created?" But you do not ask: "What is the evidence of the universe?" because that does not make sense. However, you can ask: "What is the meaning of the universe?" or "What is the definition of the universe?"
Accordingly, it was said in the definition of evidence among the scholars of Usul: "That through which one reaches the knowledge of a propositional requirement," and among the jurists: "That through which correct contemplation leads to a propositional requirement." This was done to guard against the conceptual requirement, because the latter does not need evidence but rather an understanding of the meaning, i.e., knowing its reality.
As for your question about the "indication" (amara), the jurists (fuqaha) do not differentiate between the "evidence" (dalil) and the "indication" (amara). To them, evidence includes both the definitive and the speculative; i.e., it applies to definitive matters and speculative matters. As for the scholars of Usul (usuliyyun), some of them differentiate between evidence and indication. According to these scholars, "evidence" is only that which is definitive. That which is speculative is not called evidence but is called an "indication" (amara). Accordingly, the amara in the custom of these scholars of Usul exists only in speculative matters and does not include definitive matters.
For your information, in the language, the amara is sometimes called a "sign" ('alamah) if it is inseparable from the thing indicated, such as the indication of the "Alif and Lam" (Al-) for a noun, as it does not separate from it; thus it is a sign ('alamah) for it. But if it can be separated from the thing indicated, like clouds in relation to rain, it is called an amara. Evidence (dalil) is different from both amara and 'alamah.
Your brother, Ata bin Khalil Abu al-Rashtah
26 Sha'ban 1437 AH 02/06/2016 CE
Link to the answer from the Ameer's Facebook page: https://www.facebook.com/AmeerhtAtabinKhalil/photos/a.122855544578192.1073741828.122848424578904/482678688595874/?type=3&theater
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Link to the answer from the Ameer's website: http://archive.hizb-ut-tahrir.info/arabic/index.php/HTAmeer/QAsingle/3712/