Al-Ahkam al-Ta'sisiyya

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From wikishia

Al-Aḥkām al-ta'sīsīyya (Arabic: الاحکام التأسیسیة) (literally: foundational rulings) or al-aḥkām al-ibtidā'īyya (literally: primitive rulings) are, in contrast to al-aḥkām al-imḍā'īyya (literally: endorsed rulings), rulings that are legislated in the Islamic Shari'a for the first time, without having a precedent before Islam.

The word, "ta'sis", is from the root, "a-s-s" (أسس), which means to found or to establish.

There is no clear-cut discussion of foundational and endorsed rulings in sources of Islamic jurisprudence, and they are indeed known through examples. Many of the five obligational rulings, such as prayer, fasting, and inheritance, as well as criminal rulings, such as cutting a thief's fingers, count as foundational Rulings.