Istithnā' (Exception) From The Perspective of The Scholars of Uṣūl

Abstract

Istithnā' (exception) is a subbranch of the uṣūl al-fiqh which is one of the basic Islamic studies. Generally, Istisnā' has been studied under the title of ‘Adilla-i Muttasila’ which mostly allocated ā'mm (general) in the classical uṣūl al-fiqh books. In this study, Istithnā' is examined as a fiqh term, both literally and its reflection in the rulings, from the perspective of the scholars of uṣūl. While doing this, we discussed the concept of istithnā', the parts and conditions of it, whether the allocation can be made with the istithnā', and the varying forms of it depending on the context. Thus, we have been examined the effect of istithnā' on the rulings according to the uṣūl al-fiqh scholars.

Keywords: Mutaqallim, Fuqaha, Taḥṣīṣ, Istithnā'