giving a choice (التَّخْيِيرُ)

giving a choice (التَّخْيِيرُ)


أصول الفقه الفقه

التعريف :


Giving a person the right to choose one of several options.

المعنى الاصطلاحي :


Giving freedom of choice to the one qualifed for religious obligations in ceratin matters

الشرح المختصر :


"Takhyeer" is authorizing the one competent for religious obligations to choose between things specified by the Shariah with certain conditions. A Muslim, for examples, may be allowed to choose between the different types of expiation, or between retaliation and pardon, or between different types of ransom in Hajj. There are certain conditions for "takhyeer: 1. All choices must be equal in rank, whether obligatory, recommended, or permissible. It is not permissible to choose between something bad and something permissible, or between something obligatory and something recommended, nor between something unlawful and something obligatory. 2. The choice must be in something that is acceptable from the one to acquire. 3. The choices must be distinct. A person competent for religious assignment is not allowed to choose between two things that are identical and have no single distinction, such as choosing between praying four Rak‘ahs and praying four Rak‘ahs. 4.The choices must be known to the person addressed. 5. The choices must have the same timing, i.e. it is possible to carry out each of them at the same time. "Takhyeer" does not apply if the person is addressed with two actions that have two specified timings.

التعريف اللغوي المختصر :


"Takhyeer": giving someone freedom of choice. "Ikhtiyār": choosing, selecting. Other meanings: preference.