“The Situation of a Clear Statement of Complete Intention” A Case Study of the Second ‘Necessary Preliminaries of Wisdom’ in ‘Absolute Expressions’ by Prof. Mohsen Kadiver

Absolute or unrestricted (muṭlaq) versus delimited (muqayyad) is a key area in the study of language and meaning (mabāḥith al-alfāẓ) in Islamic Legal Theory (uṣūl alfiqh). It deeply affects the understanding and interpretation of the apparent linguistic (ẓāhir) indication of Scripture and Tradition (Sunna), thereby deducing new, or justifying pre-existing, jurisprudential, ethical, and theological knowledge of Islam. This section in uṣūl al-fiqh includes three major chapters: preliminary discussions, the rulings of absolute expression (aḥkām al-iṭlāq), and the rulings when both absolute and delimited expressions coexist. The second chapter is divided into the utterances of absolute expression (alfāẓ al-iṭlāq) and the quality of indication of these utterances to absolute expression. This paper focuses on how the absolute (muṭlaq) indicates absolute expression (iṭlāq) and comprehensiveness (shumūl). Is this implication by designation (waḍʿ) or does it depend on context (qarīna)? Among Shi’ite Uṣūlis, the dominant approach since the 11th AH/17th AD century is the necessity of general context (qarīna ʿāmma) for absolute expression (iṭlāq). This general context depends on the realisation of a few necessary preliminaries, which are called “the necessary preliminaries of wisdom/ rationality” (muqadammāt al-ḥikma). There are at least three necessary preliminaries: first, the possibility of absolute and delimited expression; second, the speaker (mutakallim) must be in “the situation of a clear statement of complete intention” (maqām al-bayān li tamām al-murād) and not in “indetermination” (ihmāl) or ambiguity (ijmāl); third, the negation of what requires specification (ta’yīn). The focus has been on the second preliminary, analysing its boundaries and meaning. How can we determine if the speaker—here, the Lawmaker (Shāriʿ)—is in the “situation of a clear statement for complete intention”? What are its precise criteria? This paper examines holding absolute (al-tamassuk bi al-iṭlāq) in various fiqh cases and argues for a revision. If the Lawmaker’s situation is unclear, what does the foundational principle (al-aṣl al-awwali) require? Focusing on Imāmi uṣūl al-fiqh, this paper also provides a comparative analysis with Sunni uṣūl al-fiqh and linguistic philosophy. It comprises three sections: an overview of absolute and delimited (muṭlaq wa muqayyad), a literature review of “the necessary preliminaries of wisdom” (muqadammāt al-ḥikma), and the criteria for “the situation of a clear statement of complete intention” (maqām al-bayān li tamām al-murād).