The applicable to one particular ruling may imply a clarified principle: Impact on Fiqhi derivatives

Abstract

This paper clarifies one of the rules of the applicable to one particular ruling used by scholars of Usool Al-Fiqh “Principles of Fiqh”, i.e. the applicable to one particular ruling may imply a clarified principle”. This rule may influence the jurisprudential derivatives, since fundamental rules can be regarded as an inclusive approach that influence the deduction of many shar'i rulings in general.

The term khass “the applicable to one particular ruling” is defined linguistically and technically, in addition to the types, ruling, and significance. I dedicated a section for the types of “the clarified priniciple”, examining the views claiming that “the applicable to one particular ruling is inherently clarified” and cannot be further elucidated according to the majority of Hanafis, unlike Shafi’is and a group of Hanafis. Another section shows the most significantly relevant fundamental rules such as “Addition to the text”, highlighting the most distinctive features. A number of jurisprudential derivatives have been deducted and verified based on “the applicable to one particular ruling that may imply a clarified principle”. The paper highlighted ten derivatives in two sections, preceded by an introduction and followed by a conclusion.