Effect of Commonness and Spreading in Evidencing: A Study in Islamic Jurisprudence

Abstract

The study discusses the extent to which legal rulings depend in establishment on the commonness and spreading of things, and the ensuant effect thereof. First, the study terms and relevant key concepts re studied the linguistic and juristic definitions of these terms are introduced, with reference to their uses and the purpose of employing them in this study. The next two parts of the study tackle the application of commonness and spreading in substantiation, and how Muslim jurists consider it a contextual indicator solid enough for evidencing and a means by which knowledge is reached. The study then focuses on the role of commonness and spreading in evidencing some juristic issues pertaining to lactation, marriage with no witnesses or with one witness only, or testimony of one parent's affirmation of something while it is widespread or not. Finally, the research discusses the role of commonness and spreading in evidencing certain things which rely solely on oral (unwritten) testimonies, and possibility of proving these things, based on the very widespread orality. All these issues are discussed in the light of juristic viewpoints.