The rule “The unknown descends to the status of the non-existent” and its applications in contemporary catastrophes -Applied jurisprudential study-

Document Type : Original Article

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Associate Professor of Jurisprudence and its Principles, Department of Islamic Studies College of Education - King Saud University, Riyadh

Abstract

Among those rules whose role in dealing with new issues in their various jurisprudential chapters is the rule “The unknown is treated as non-existent,” as it applies to a number of them. This research comes to shed light on the study of the rule from the fundamental point of view, as well as its jurisprudential applications, with a number of contemporary issues in which the rule has an impact. It concluded that the rule has two meanings: a meaning related to knowledge and the ability to perform the duty, so whatever the person responsible is unable to know or finds difficult is dropped from him, and is treated as non-existent, although the original is that it remains, and a meaning related to not knowing something, so not knowing something, its type and kind, which leads to gross ignorance, is treated as non-existent and is not taken into account. I also concluded that the rule applies to contemporary issues - according to the standard and assessment of ignorance - especially financial transactions and medical incidents, due to their connection to the concept of uncertainty and ignorance, and it has a confirmed consequential effect on the legal text, especially transaction incidents, and its effect appears more broadly in medical incidents that have not completed their course in experiments, and their success rate has not been proven, so they are considered unknown and are given the ruling of non-existent in Islamic law and medicine.

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