Qawa'id Fiqh (Jurisprudential Maxims)(book): Difference between revisions
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*'''Abstract''' | *'''Abstract''' | ||
'''Qawa'id Fiqh (Jurisprudential Maxims)''' is a four-volume collection comprising 189 jurisprudential maxims across four domains: private, public, criminal, and international law. In this series, [[Abbasali Amid Zanjani]], in addition to explaining the maxims, discusses the importance and application of each one and examines the history of their formation and codification in parallel with the Shari'a and in light of the developments of ijtihad. The author also points to the gap in jurisprudential maxims in the two fields of criminal fiqh and international law and the necessity of formulating rules in these areas. Furthermore, the challenges and problems of rule-making, methods of formulating maxims, and the alignment, overlap, and conflict among jurisprudential maxims, as well as between jurisprudential and legal rules, are analyzed. | '''Qawa'id Fiqh (Jurisprudential Maxims)''' (in Persian: [[:fa:قواعد_فقه_(کتاب)|قواعد فقه]]) is a four-volume collection comprising 189 jurisprudential maxims across four domains: private, public, criminal, and international law. In this series, [[Abbasali Amid Zanjani]], in addition to explaining the maxims, discusses the importance and application of each one and examines the history of their formation and codification in parallel with the Shari'a and in light of the developments of ijtihad. The author also points to the gap in jurisprudential maxims in the two fields of criminal fiqh and international law and the necessity of formulating rules in these areas. Furthermore, the challenges and problems of rule-making, methods of formulating maxims, and the alignment, overlap, and conflict among jurisprudential maxims, as well as between jurisprudential and legal rules, are analyzed. | ||
In Amid Zanjani's view, "Jurisprudential maxims are the middle ground and link between the science of usul al-fiqh (principles of jurisprudence) and fiqh (jurisprudence). Without delving into the detailed disagreements in usul al-fiqh, they encompass the effects of those disagreements, transfer them to the process of deriving religious rulings, and shield fiqh from the disarray arising from these differences of opinion." He believes that jurisprudential maxims in the field of public law lead to opening new horizons in the vast realm of fiqh, presenting new data, and facilitating access to religious rulings on contemporary public subsidiary issues. He considers maxims such as the selection of the fittest (intikhab al-aslah), the [[Guardianship of the Jurist]], and [[Maslaha|expediency]] to be contemporary maxims of public law. | In Amid Zanjani's view, "Jurisprudential maxims are the middle ground and link between the science of usul al-fiqh (principles of jurisprudence) and fiqh (jurisprudence). Without delving into the detailed disagreements in usul al-fiqh, they encompass the effects of those disagreements, transfer them to the process of deriving religious rulings, and shield fiqh from the disarray arising from these differences of opinion." He believes that jurisprudential maxims in the field of public law lead to opening new horizons in the vast realm of fiqh, presenting new data, and facilitating access to religious rulings on contemporary public subsidiary issues. He considers maxims such as the selection of the fittest (intikhab al-aslah), the [[Guardianship of the Jurist]], and [[Maslaha|expediency]] to be contemporary maxims of public law. | ||