Abstract
The Restriction of Cause of Jassas
The comparison (qıyas) is of great importance in resolving an issue that not included
in the texts (nass) in Islamic law. It’s possible to resolve an issue that is not included in
the text by comparing the similar event that is stated the judgment in Qur’an, Sunnah
or Idjmā'. The basic principle of qıyass is cause. Islamic jurists made detailed studies
on causes. One of these issues is the restriction of causes too. The restriction of cause;
despite the presence of the cause, there is no at provision stayed behind due to an obstacle.
Scholars are generally divided into two parts about the restriction of causes. Karkhi,
Jassas, Dabusi and the majority of Iraqi Hanafi scholars have adopted the view of the
restriction of cause. Most of the Transoxania’s scholars such as Bazdawi, Sarakhsi and
Abu Yusr opposed the restriction of cause. By linking restrictions with istihsan, Jassas
argued that some of the istihsan occurred as a result of the restriction of cause. In this
research, comparing among the two groups was made comparison by giving priority
to Jassas’s view. As a result of this performed examination, it was determined that the
issue of the restriction of cause was not reflected on practice. Jassas the provision which
required the comparison is not occured due to obstacle in the places where stated as the
restriction.
Keywords
Islam, Usul al-Fiqh, Hanafi, Jassas, Cause, Restriction.
