الاجتهاد وعلاقته بالكليات والجزئيات

Abstract

This study aims to define and regulate the concept of Ijtihad (independent juristic reasoning) and its requisite conditions, as well as to delineate the notions of universals (Kulliyyat) and particulars(Juz'iyyat) withing both of the principles of jurisprudence(Usul al-fiqh) and substantive law (fiqh).It further seeks to incover the various juristic schools and interpretive trends, along with thier respective methodologies in thier approach to legislative and maqasid-based universals and particular textual evidences.

The study also addresses cases of apparent conflict between universals and particulars, clarifying the methods of handling such instances either through preferences(tarjih). The researcher adopts a methodology that integrates descriptive, analytical, and critical approaches.

Among the principle findings of the study is that no real contradiction exists within the Shariah, as i twas instituted to resolve disagreement rather than to establish it. Any preceived conflict is merely superficial and can be attributed to the mujtahid (jurist) or the interpreter of the legal texts, duetol imitations in knowledge, insufficient exertion of effort, or ambiguity and complexity in the issue under consideration. The study further concludes that both universals and particulars must be jointly employed in every process of juristic reasoning and derivation, they are all integral components of the Shariah; neglecting either aspect leads to error and deviation.