Judicial Exceptions in Matters of Affirmation According to the Hanafi School: Collecting and Study

Abstract

This study aimed at clarifying the jurisprudential issues excluded in matters related to affirmation and acknowledgment. Given the efforts of Muslim scholars in the past and present, they have made great efforts in clarifying the jurisprudential issues from the perspective of Islamic law, where they clarify the origins of those jurisprudential issues and what has been excluded from them through their books, but yet there are some issues that are excluded and have not been clarified which has made every school of jurisprudence have its own jurisprudential exceptions regard to it, where others may agree, or disagree with others based on jurisprudential considerations. Therefore, this research was conducted in order to collect the judicial exceptions according to the Hanafi school of thought as a jurisprudential study. The researcher adopted the inductive approach and the research consists of an introduction, a preface, two chapters, and a conclusion. The first chapter deals with the exceptions related to the acknowledger and what the acknowledgment and affirmation is made, while the second chapter deals with the exceptions related to affirmation issues. The research concluded with a number of results, the most prominent of which are: What is meant by judicial exceptions according to the Hanafi school of thought are issues that contradict a specific principle or jurisprudential perspective in order to achieve a specific interest, such as: the patient’s acknowledgment of a right to whomever inherits him. This acknowledgment is originally not permissible, but an exception is made for that acknowledgment if the rest of the heirs confirm the patient’s acknowledgment of whoever inherits him. The research also stated that it is permissible for the declarant to retract the confession with regard to “implementing the Sharia ruling,” but an exception was made from that regarding “slander,” so it is not permissible for the declarant to retract his acknowledgment in the ase.