The Evidence of Imperative and Prohibition in the Usūlīs Who Adopt the Principle of Waqf: The Case of al-Bāqillānī

Abstract

This study analyses the approach of Abū Bakr al-Bāqillānī, one of the prominent scholars of Usūl and one of the representatives of the school known as al-Wāqifiyya, towards the evidentiality of the imperative and the negative. The scholars of Usūl who adopted the Wāqifiyya school generally exhibited an attitude of "attaching importance to presumption" and "distancing themselves from rules containing definitive judgements". In this article, al-Bāqillānī's way of dealing with the evidentiality of the imperative and the negative is emphasised, especially from the perspective of al-Wāqifiyya. There are various differences of

opinion among the scholars of usul on the subject of command and prohibition. These differences include issues such as whether the command leads directly to ijāb or not, and whether the commanded action is attributed to fawr or terāhī. Some scholars of usul al-usūl argue that an order leads directly to ijāb, while others state that the order requires nedb. There are also various views on the flexibility and repetition of the command in terms of time. In general, al-Bāqillānī adopted the principle of wāqf in the signification of the imperative and the negation, which is different from other scholars of usul al-uslānī. However, this attitude of his does not constitute a consistent position in all matters of commandment and prohibition. This article aims to contribute to the realisation of the fact that the scholars of usul who adopt the principle of wāqf do not form a homogeneous structure through the example of al-Bāqillānī. For this reason, the article focuses on al-Bāqillānī's views and discusses the views of other 'uṣūl scholars who do not adopt the principle of waqf only when necessary and in a controversial manner.