What is the meaning of the word "الحُكميّات" (al-Ḥukmiyyāt) mentioned in al-Shashi's book "Uṣūl al-Fiqh" in the discussion of "al-Mushtarak wa al-Mu'awwal," and are there any commentaries on this book?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Usul al-Shashi is a famous book among the Hanafis, authored by Abu Ali al-Shashi, who passed away in 344 AH. It has several editions and commentaries. As for the word "Hukmiyat" in Hanafi books, it refers to contracts such as marriage, divorce, and sales. These are abstract matters established by verbal declaration, and they are contrasted with "Hissiyat," which are actions like striking or slaughtering. This word appeared in Hanafi texts to clarify that interdiction applies to "Hukmiyat" (verbal declarations) but not to "Hissiyat" (actions).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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