The Role of Contradictory Implications in Structuring and Explaining Legal Maxims: A Study of Principles and Jurisprudential Applications

قواعد فقہیہ کی ترکیب و توضیح میں مفہوم مخالف کا کردار: اصولی اور فقہی تطبیقات کا تحقیقی جائزہ

Abstract

The study of legal maxims (qawā‘id fiqhiyyah) has long been a cornerstone of Islamic jurisprudence, evolving as a systematic effort to simplify and articulate complex rulings derived from the Qur’ān and Sunnah. This paper investigates the significant role of mafhoom mukhālif (contradictory implications) in the formation and elucidation of legal maxims. While these maxims are fundamentally based on primary texts, secondary sources of derivation, such as mafhoom mukhālif, play a crucial role in their development. Key examples of maxims shaped by mafhoom mukhālif include "Certainty is not overruled by doubt" (al-yaqīn lā yazūl bi-shak), "Hardship necessitates ease" (al-mashaqqah tajlib al-taysīr), and "Original liability is innocence" (al-aṣl barāʾat al-dhimmah). This paper also categorizes the classical works on legal maxims, highlighting those that were organized alphabetically, according to legal chapters, or presented independently. The research underscores the importance of these maxims in bridging theoretical principles and practical applications while situating mafhoom mukhālif as a key element in understanding the evolution of Islamic legal thought. By examining its integration into legal maxims, this study provides new insights into the methodological and foundational aspects of Islamic jurisprudence.