The Combination of the Stated Legal Rationales (al-‘Ilal al-Mansosah) in Light of the Conjunction ‘Waw’ According to the Usul Scholars: The Rationales of Guardianship (Qiwamah) as an Applied Usuli Study

Abstract

Abstract

The central focus of this research is to examine the impact of the conjunction “waw” (and) on defining the relationship between the stated legal rationales (al-ʿilal al-mansosah) in Islamic rulings. The study highlights the importance of employing usuli (jurisprudential) and linguistic tools to demonstrate the stability, completeness, and justice of Sharia rulings on the one hand, and to prevent their misinterpretation beyond the intended meaning of the text on the other.

The research problem centers on the multiplicity of rationales underlying qiwamah (guardianship) in the Qur’anic text, and the possibility of interpreting them contrary to the divine intent due to varying understandings and shifting customs. Therefore, the study aims to clarify how these rationales coexist within the text by applying authentic usuli and linguistic methodologies. It explores the various forms of concurrence between rationales, the positions of usul scholars regarding them, and the implications of the conjunction “waw” in determining the intended relationship among the rationales of guardianship.

The research employs the descriptive method to define the concept and forms of rationale conjunction, the inductive method to trace the positions of usul scholars concerning the ruling on combined rationales and the linguistic function of “waw,” and the analytical method to determine the specific form of rationale conjunction in the verse of guardianship.

The study concludes that usuli and linguistic tools play a crucial role in ensuring a sound understanding of the legal discourse and possess the potential for methodological renewal. Such renewal prevents interpretations that deviate from the established rationale and intended cause of rulings. The research recommends continued use of these tools to advance usul and fiqh renewal, preserving the objectives of the Sharia and affirming its perfection and justice.