invalidity (الْبُطْلانُ)
الفقه أصول الفقه
التعريف :
To reject something as though it does not exist, because, in essence, it is contrary to the shariah, whether it belongs to worship or to transactions, or anything else. It applies to what is unsound.
المعنى الاصطلاحي :
Nullity and voidness of a statement or action because it does not comply with Shari‘ah (Islamic law).
الشرح المختصر :
"Butlān" (invalidity/nullity) is a description given to a statement or action that does not comply with Shari‘ah (Islamic law), whether it is an act of worship or a transaction, for one of the following reasons: - absence of a pillar, such as missing Ruku‘ in prayer - non-fulfillment of a condition, such as praying towards a direction other than the Qiblah (Makkah) - existence of an impediment, such as menstruation which prevents women from performing prayer. The "butlān", or invalidity, of an action renders it null and void and, thus, its legal consequences are not fulfilled. For example, an invalid prayer is not rewarded, and the worshiper must repeat it; and an invalid sale prevents the buyer from disposing of a purchased item as he wishes. Islamic law made the consequences of a statement or action contingent upon the fulfillment of certain conditions in the legislated manner. If they are not as such, then they are of no legal value. "Ibtāl" (invalidating) is to describe something as "bātil" (invalid) by cancelling it and preventing its consequences, whether it was valid then a cause for invalidation occurred, or it existed physically but not in a way acknowledged by Shari‘ah. "Butlān" is occuring something in a manner that does not comply with the Shari‘ah. It is of two types: invalidity in acts of worship and invalidity in transactions. An invalid act of worship is an act that carries no effect, does not waive the obligation of making up for the missed worship, does not clear the liability of the worshipper, and does not entail reward. An example is prayer without Wudu (ablution). An invalid transaction is illegitimate in essence or in description due to the lack of a pillar or a condition of validity. For example, selling a dead animal (given that consumption of meat of an animal that was not slaughtered according to Shari‘ah is unlawful). "Butlān" is of two types: 1. "Butlān" in worship. 2. "Butlān" in transaction. "Bātil" (nllified) worship: is the action that does not carry any effect, does not waive a missed obligation or liability, nor entails any reward, such as praying without ablution. "Bātil" (nullified) transaction: is an action that is unlawful both in origin as well as in description, due to missing of a pillar or a condition, such as selling the dead animal.
التعريف اللغوي المختصر :
"Butlān": loss, futility. "Ibtāl": losing and wasting. "Mubtil": what brings forth loss. "Butlān" may also mean invalidity, opposite of validity and soundness. Original meaning: transience, impermanence. Other meanings: destruction, downfall, discontinuation.