«قد يسمى غير السبب سببا مجازا»
The term sabab may also be applied figuratively to something related to the true operative occasion.
The book discusses oaths and expiation. One may speak of an oath as the reason for expiation, yet the legally decisive occurrence is breaking the oath (hinth).
Therefore, the word “cause” should not be forced into one strict meaning whenever it appears in juristic writing. Its role must be assessed in context.
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Effective Cause, Occasion, Condition, Impediment and Challenges to Qiyas
«قد يسمى غير السبب سببا مجازا»
The term sabab may also be applied figuratively to something related to the true operative occasion.
The book discusses oaths and expiation. One may speak of an oath as the reason for expiation, yet the legally decisive occurrence is breaking the oath (hinth).
Therefore, the word “cause” should not be forced into one strict meaning whenever it appears in juristic writing. Its role must be assessed in context.