A Critical Assessment of "the requirements are existing and barriers are missing" in the Context of Jurisprudential and Legal Analyses

To prove the validity and authoritativeness of juridical phenomena, propositions and statements, Muslim scholars use the well-known sentence "the requirements are existing and the barriers are missing". In order for an effect to come into being it is essential that, in the theoretical (thubūti) stage, the requirements should be present when the barriers are missing. However, when it comes to the substantiation stage (ithbāti) and the juridical propositions and laws which are considered to be mentally-deposited, it is impossible to explore all the hurdles and barriers quantitatively and qualitatively. Real knowledge of such barriers is a prerogative of Allah and it is not possible for mankind to get knowledge of the nonexistence of barriers when man himself is limited in capacity and accession to demonstrative arguments. Therefore, the possibility of a barrier, though minor in terms of quantity, is always there. The barrier restricts the requirement in its influence on the effect. If this probability is regarded as hindrance to the emergence of the effect, it will definitely cause the window to a lot of juridical premises and laws to be closed. Thus, in this study we shall demonstrate that a kind compromise has occurred in this well-known statement which is used in juridical analysis i.e. "the requirements are existing and the barriers are missing". Thus, the absence of a barrier is never ascertained; rather absence of barrier refers to non-substantiation of a barrier.