KHASS IN THE PRINCIPLES OF JURISPRUDENCE: AN APPLIED RESEARCH BASED ON MODERN STUDY
KHASS IN THE PRINCIPLES OF JURISPRUDENCE: AN APPLIED RESEARCH BASED ON MODERN STUDY

Summary/Abstract: Uṣūl al-Fiqh is an essential tool in the domain of Islamic jurisprudence. The art of legal formation, with its name formed from the terms ‘Uṣūl’ and ‘Fiqh’, is given great significance by Islamic scholars and jurists and is also seen as the prime platform for the legal analysis. In circumstances when it is not possible to directly derive laws from the Quran and Hadith, it functions as a mechanism to extract laws and commandments by relying on its established doctrines. And it is known as a Quran/Hadith based theoretical principle in the world of Islamic wisdom. The aim of this research is to give a pragmatic account to the system of legal formation, rather than only providing a theoretical account. The vocabulary of Islamic legalese, by the way, is not of everyday language. To solve this issue and for easy understanding, this study is documented in a plain, yet professional, style with proper examples and scenarios in the context. It is essential that students and teachers of the relevant field be acquainted with the concepts of Uṣūl al-Fiqh as it is the integral platform for Islamic jurists. This research of Uṣūl al-Fiqh will help understand the fact that apprehending the laws and commandments of Islam by means of its original concepts and principles will certainly ensure the wide range of applicability, practicality and leniency in upholding its laws and commandments anywhere and anytime. The results of this study titled “Khass” in The Principles of Jurisprudence: An Applied Research include the compilation of multiple topics related to the concept of “Khass”, such as “Mutlaq, Muqayyad”, Amr and Nahy, which are scattered here and there in the Uṣūl texts, into one single title with the help of various texts written by both early scholars and modern-day scholars; facilitating the readers interested in this field by establishing the facts with practical examples; making the younger generation inclined towards early literature of this field of study by simplifying the subject; and approaching the laws embodied in the original text in-line with the fundamental Uṣūl principles rather than approaching the aforesaid in a superficial and syntactic manner.

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