A Critical Edition of ʿUmdat al-Nāzir ʿalā al-Ashbāh wa’l-Naẓāʾir - Khadiga Musa
4. The Development of 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
Khadiga Musa is Assistant Professor at the Prince Muhammad bin Fahd University, Saudi Arabia. She received her PhD from the School of Oriental and African Studies, University of London. Her interest is Quranic Studies, Hadith Studies and Islamic Law. Published work includes an article entitled 'Legal Maxims as a Genre of Islamic Law' (Brill: Journal of Islamic Law and Society 21, 2014) and, 'Hadith as Basis of Legal Maxims' (ABC – CLIO: Muhammad in the History, Thought, and Culture: An Encyclopaedia of the Prophet of God, ed. Fitzpatrick, C. & Walker, 2013).
Description
Modern scholarship is divided on the question of whether al-qawāʿid al-fiqhiyyah might legitimately be used to arrive at legal rulings for unprecedented incidents, and those on both sides of the debate agree that the general rules proffered by most qawāʿid are predominantly, rather than universally, valid; this means that although al-qawāʿid are supposed to be universal, there are individual cases which are exceptions to the rules provided by particular qawāʿid—a factor that, according to those opposed to applying qawāʿid to new precedents, affects the authoritative quality of al-qawāʿid al-fiqhiyyah.