Hindrance (mâni') in declaratory rulings "obstacle"

The subject "judgement" has been in the center of fiqh methodology in Islamic Law. The subject judgement derived from the legal evidence constitutes one of the most important main topics of the fiqh methodology after the sources for Islamic law. Fiqh scholars have made great efforts to determine the ways leading to a judgement in regard to the importance of the issue. For this reason, the judgement has subjected to different definitions and classifications in order to make it more understandable. In this context, the judgement is generally divided into two categories as obligation and ordinance judgements. It is seen that the impediment, which falls within the scope of the ordinance judgement, is divided into many parts in terms of different aspects. The impediment plays an active role in the implementation of the judgements. As a matter of fact, the existence of a judgement is not sufficient for the implementation of that judgement. There should also be no impediment for the implementation of the judgement. The intent of Shari does not directly target the impediment and does not aim at whether or not to be realized. Nevertheless, the intent of shari in making judgements is important for understanding the subject of the judgement. Because understanding the purpose of the shari in the impediment affects an obligant's attitude towards the impediment. The intention of the obligant should be compatible with the intent of the shari. Therefore, it is of great importance to understand the impediment in Islamic Law Methodology. Keywords: impediment, judgement, obligation judgement, fiqh methodology