The problem of ta'hir al-bayan in islamic law

The problem of ta'hir al-bayan in islamic law

Ta‘hýr al-bayan, i.e., adjournment of the announcement of the verdict (alhukm), is an important and much discussed topic in usul al-fiqh. Under this topic, scholars of usul al-fiqh discussed the following issues: adjourning the announcement and declaration of the verdict until or after the time of necessity, making the announcement of the verdict gradually (tadrýj), making the announcement of a general verdict in public but declaring the details in a narrow circle, and so on. Majority of the scholars pointed out that adjourning the announcement of the verdict until the time of necessity is legally acceptable, and demonstrated that this is the way that verdicts are normally given. Although their discussions were confined to the period of the revelation of the Qur’an, this method, it is argued, can be considered as a source of inspiration in giving fatwas and regulations for later periods.

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