الأولوية

الأولوية

Awliyya in lexical sense is the state of one thing being more fitting than another, that is more deserving and nearer. ¹ The usulis and jurists use awla in the sense of more fitting and better, and in the sense of having a right to a thing over others. ¹² They call a light recommendation awla, and call the leaving of a recommended act khilaf al-awla; the Hanafis hold that whoever does what is contrary to the better course has done ill. ² Among the kinds of verbal indication is the fahwa al-khitab, where a ruling is extended to an unmentioned case by the understood cause, as the prohibition of a word of contempt implies the prohibition of beating, and qiyas al-awla is a kind of clear analogy. ²³ For the Hanafis the phrase ‘there is no harm’ usually signals that the leaving of an act is the better course. ³