حیلہ ، اقسام اور اس کی شرعی حیثیت

JURISTIC STATUS OF TACTIC AND ITS KINDS

Abstract

This paper encompasses a vast concept of tactic among the jurists and its outcomes into the Muslim society. The purpose of this research is to analyze the views of jurists and renowned scholars’ discussions about the explanation and legal perspective of tactic and its consequences into the Muslim society. Descriptive and qualitative method of research has been adopted. The review of literature reveales that there is an impression among the masses that every kind of tactic in Islam gives way to escape from the Shariah, so the question arises whether every type of tactic is illegal. In the context of the study of the jurists and scholars involved in this issue, there is a need to clarify the shari'ah point of view in this regard. The answer to this issue depends on four positions: (First) If a right (whether the right of Allah or the right of human) is invalidated by a legal way or to obtain a void (interest, bribery, etc.), it will be “Unlawful”. (Second) If a right is obtained in a lawful manner, or a persecution is annulled / nullified, it will be “Commendable” or “Incumbent”. (Third) If legally protected from harm, it will be “Desireable” or “Admissible”.  (Fourth) If it is permissible to give up a desirable in a legitimate way, it is “Affliction”. It is said that Aḥnāf validate every kind of tactic but the justification regarding Aḥnāf’s view is that they only validate that kind of tactic which is to avoid ḥarām or to get out of trouble. This article analyses the views and arguments of the cliques / coteries in determining the nature of Tactic in the light of Shariah.