Omission in Legislation and Obligation

Summary

This book looks at a specific topic within Islamic jurisprudence, which is that of tark (legal omission). This concept pertains to a circumstance that exists today, but did not occur during the time of the Prophet or the Companions or their followers. The book also looks at the reasons behind this form of omission on the part of the Law-maker.
The book also looks at the Sharīʿah objectives with regard to tark as a means to notify ruling practices. Such objectives include consideration to human emotions and mercy granted to the Muslim community. They allow the improvement of the management of the community’s affairs according to its interests, so that the Muslim community can choose the best options in accordance to each specific circumstance and historical period, as long as such freedom does not contradict Islamic values and principles.