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Book: A Critical Edition of ʿUmdat al-Nāzir ʿalā al-Ashbāh wa’l-Naẓāʾir

Chapter: 1. Defining al-Qawāʿid and al-Qawāʿid al-Fiqhiyyah

DOI: 10.1558/equinox.30054

Blurb:

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.

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