Book: A Critical Edition of ʿUmdat al-Nāzir ʿalā al-Ashbāh wa’l-Naẓāʾir
Chapter: 4. The Development of al-Qawāʿid al-Fiqhiyyah
Blurb:
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.