The discretionary area and its theological problems (A study into the theological dimensions of the discretionary area in Islamic law)

Falah Abdulhasan Hashim

Abstract

After forming a correct concept of the essence of the discretionary area (mantaqah al-faragh) in Islamic law, there is a research problem in the possibility of whether God the Creator who perceives the interests of creation and is the legislator of laws based on these interests has left a large area of life issues in different aspects and not address laws for them within the Sharia law.
In reality, this topic is related to the acts of God and what He has abandoned, and therefore it falls within the subject of theology, if we were to distinguish theological discussions from other topics based on this criteria.
After the possibility of conceptualizing the discretionary area, whether in authoritative governmental laws, or in jurisprudence and legislation itself, the topic is established in its occurrence. In the level of occurrence, it has said that there are problems related to it, like it contradicts what God has clearly said in His Book, that He has completed religion, and this completion is clear in the Sharia covering all realities of life, so there is no place for the discretionary area. As for what has been said that it would lead to the common rectification (taswib), and that is impossible.
This study firstly presents a clear picture of the essence of the discretionary area and its types, and then presents these misconceptions and whether they are real problems or not?

Attribution-NonCommercial 4.0 International (CC BY-NC 4.0)