The discussion about the rules of jurisprudence this time is still based on rules kubra which says,
Things fit his purpose
“Everything depends on the goal.”
The following rules are rules whose discussion is categorized by scholars as included in kadiah kubra about matters of intent. However, this rule is an exception to the rule kubra on.
This rule reads,
Whoever hastens something before its time will be punished by taking it away.
“Whoever rushes to do something (a right) before the time, then he is punished by not getting that thing.”
About rules
The formulation of this rule is a word that is often used by scholars. Among them are scholars from the Hanafi, Maliki and Shafi’i schools Rahimahumullah. Even though some of the pronunciations used are different, the meaning is the same, namely related to hastening something before its time. [1]
The Hanbali school of thought states this rule in quite long terms,
Whoever comes for a reason that benefits the kingdom, makes it lawful, or discharges an obligation in a forbidden way – and that is what the souls ask for – that reason will be cancelled. His existence becomes like nothingness, and His rules do not result from it.
“Whoever carries out a reason that can give ownership, or justify something, or cancel an obligation in a way that is haram – even though the thing is something that the soul desires – then that reason is void (considered non-existent), its existence is the same as its absence, and the laws relating to it do not apply.” [2]
In line with the statement above, Ibn Rajab God bless bring,
Whoever hastens his rights or what is permitted to him before the time because of an unlawful person, then he will be punished by having it taken away.
“Whoever hastens his rights or what is permitted to him before the time in a way that is forbidden, then he will be punished by not getting those rights.” [3]
In essence, the differences in pronunciation do not indicate differences in meaning. From this it can be concluded that the ulama agree on this rule even though the pronunciation is different.
Meaning of rules
The meaning of this rule is, anyone who carries out an intermediary (action) that is not prescribed (haram) with the aim of getting the benefit that is prescribed; or working with an intermediary that is prescribed as a trick and method to obtain benefits that are not prescribed (haram); So for cases like this, the way to treat it is to punish things that are the opposite of the goal.
So that all profits obtained through haram means are haram, as well as all unlawful goals and benefits are haram.
Application of rules
The application of this rule is generally divided into two:
First, using haram intermediaries to obtain halal benefits
For example: Like someone who deliberately kills an heir or other heirs so that he immediately gets an inheritance. So in this case, it is forbidden for him to get this inheritance. Because killing is an intermediary that is not prescribed or forbidden in Islam. It can also be seen that when someone kills, there is an intention to “haste” to obtain an inheritance whose original law is halal.
Because of murder, he was punished in such a way that his inheritance became haram for him and he could not take it. So in this case, the person who kills the heir or heir because of inheritance, then he is punished contrary to his goal, namely having no right to inherit at all.
If seen:
– Goal: Obtain an inheritance (allowed)
– Method: Killing other heirs or killing the heir (not allowed)
The goal is lawful and permissible, but the method is a method that is not justified. Due to this, the goal cannot be achieved because the means are not justified.
Second, using intermediaries that are required (halal) to obtain benefits that are not required (haram).
For example: When a husband was in a critical period before he died, he abused his wife Bain divorce (triple talaq). Then the husband died while the wife was still in her term Idah.
In this case, the wife still gets the inheritance from her husband who has died. Why? Because the husband abused his wife during her critical period with the aim of preventing the wife from inheriting from her husband.
Divorce is actually a regulated intermediary. However, in this condition, it leads to something that is forbidden, namely preventing the wife from getting an inheritance. So the impact or punishment is the opposite of the goal. Namely, the wife still has the right to inherit her husband’s inheritance. In fact, in some opinions it is said that the wife still inherits despite the times iddah-it’s over.
If seen:
– The goal: Prevent the wife from inheriting (not allowed)
– Method: Mentalact (allowed)
Legal behavior is permissible, but there is a (hidden) goal that is not justified, namely so that the wife does not inherit. Because the aim is not right, the law is contrary to the aim, namely that the wife still gets the inheritance.
Another example:
– If the person who gave the will kills the person who gave the will, so that he can obtain and obtain the will, then the will is haram for him.
– Someone who refuses to pay zakat before it is completed transport (one year). By reducing it slope zakat so that it does not fall into the obligatory zakat category. Therefore, it is obligatory for him to continue paying his zakat.
The relationship or correlation of this rule with the rules kubra
This rule provides a lesson that law is not built on intentions mukallaf if it appears before us that the action contains an aim towards something that is not prescribed by the law. This is of course contrary to the rules kubra which explains that the law depends on the perpetrator’s intentions. So, this is the reason why this rule is an exception to the rule kubra on.
Departing from this rule of jurisprudence, please describe other matters. By Allah, Ta’ala.
Also read: Will Status for Heirs
***
Depok, 7 Zulkaidah 1447/ 24 March 2026
Writer: Muhammad Zia Abdurrofi
Article Muslim.or.id
Footnote:
[1] Al-Wajiz fi Idaahi Qawa’id Al-Fiqhi Al-Kulliyah, matter. 159 and Al-Mumti’ fi al-Qawā’id al-Fiqhiyyah, matter. 97.
[2] Qowa’id Ibn Rajab Al-Hanbali, matter. 229 (rule 102).
[3] Qowa’id Ibn Rajab Al-Hanbali, matter. 230 (rule 103).
Reference:
Ad-Dusary, Musallam bin Muhammad. Al-Mumti’ fī al-Qawā’id al-Fiqhiyyah. Riyadh: Maktabah al-Malik Fahd, 1441 AH/2020 AD.
Al-Ghazziy, Muhammad Shidqi bin Ahmad. Al-Wajiz fi Idaahi Qawa’id Al-Fiqhi Al-Kulliyah. Beirut: Dar Ar-Risala Al-Alamiyah, 1422 H/2002M.
Al-Hanbali, Zainuddin bin ‘Abdurrahman bin Ahmad bin Rajab. Qawa’id Ibn Rajab. Egypt: Maktabah Al-Khaniji.
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