HUKM SHAR‘Ī AND THE RECIPROCAL IDENTIFICATION BETWEEN ITS DEFINITION AND SUBJECT MATTER: THE MISSING LINK

Abstract

When the nature of a particular notion is sought to be known, one often resorts to look for its definition, and that definition, by its nature, often identifies the subject matter. Conversely, the definition sought for identifying the subject matter could not have been articulated before investigating the nature of the notion and designating its subject matter. This logical link of reciprocal identification between the definition of ḥukm and its subject matter is assumed missing. In order for it to be recovered, this paper investigates the nature of ḥukm shar‘ī from both the perspective of its definition and that of its subject matter. From both perspectives, that is, that of the definition of ḥukm and its subject matter, the nature of ḥukm will be investigated through the presentation of the different views of the subject matter of dispute. This is to be followed by a critical analysis of that which searches for the truly distinctive character that provides the subject matter of dispute with its significance so that it can be used in selecting the appropriate view of the disputing views or, if not, searching for it elsewhere. The distinctive character of ḥukm is thought to be embedded in legitimacy to which bindingness is tied, and therefore the definition suggested by theologians which identifies ḥukm with the communication of the ḥukm-giver is thought to be the appropriate definition. The definition