precipitated action (الافْتِيَاتُ)

precipitated action (الافْتِيَاتُ)


الفقه الثقافة والدعوة أصول الفقه

التعريف :


To precipitate action in a particular case, doing it without seeking permission from one who has the right to act.

المعنى الاصطلاحي :


Violating others' rights or special authority without their permission.

الشرح المختصر :


"Iftiyāt" (violating others' rights or authority) is transgressing against others' rights or authority without seeking their permission, whether the transgressor has a right to observe similar things or not. It is of two types: 1. "Iftiyāt" against the right of the ruler and/or his deputy: examples include unauthorized implementation of a legal prescribed punishment (which should be done only by the ruler or his deputy) and conducting jihad without the ruler's permission. 2. "Iftiyāt" against a right of someone other than the ruler: examples include trespassing a father's right to marry off his daughter, and allowing a non-"mahram" (permanently unmarriageable) man into the husband's house (during the husband's absence).

التعريف اللغوي المختصر :


"Iftiyāt": to unilaterally follow one's own discretion and opinion without seeking authorization from those concerned. It is derived from "fawt", which means doing something prematurely or missing something. Other meanings: transgression, fabricating lies.