1. Defining al-Qawāʿid and al-Qawāʿid al-Fiqhiyyah
A Critical Edition of ʿUmdat al-Nāzir ʿalā al-Ashbāh wa’l-Naẓāʾir - Khadiga Musa
Khadiga Musa [+]
Prince Muhammad bin Fahd University
The first part of this introductory monograph explores some of the historical and conceptual aspects of al-qawāʿid al-fiqhiyyah, as they relate to the genre’s designation, origin, development, and purpose or importance. The designation of al-qawāʿid al-fiqhiyyah seems not to have appeared until long after the first works that are now considered to belong to the genre; the earliest rudimentary beginnings were instead referred to as uṣūl. Medieval scholars proposed various definitions regarding the word qāʿidah (sing. of qawāʿid) alone and al-qawāʿid al-fiqhiyyah as a technical term. Chapter 1 explores some of the opinions ventured, with a view to formulating a uniform definition of the term and outlining the difference between al-qawāʿid al-fiqhiyyah and other legal genres whose titles also express expressions of principles.