ISSN 3062-262X

The Methodology of Reasoning through Usuli and Jurisprudential Maxims in Family Jurisprudence: Takhsis al-ʿĀm (Specification of the General) through Maslahah and ʿUrf as a Case Study

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Dr. Kadous Abdallah, Dr. Amhamad Allali

Abstract

This study addresses the methodological problem of specifying general scriptural texts (Takhsis al-‘Am) through public interest (al-Maslahah) and custom (al-‘Urf), and the extent to which these considerations may restrict the apparent scope of general Qur’anic and Prophetic texts within the framework of Usul al-Fiqh. It aims to clarify the concepts underlying this rule, examine the positions of the major schools of Islamic jurisprudence concerning its evidentiary basis and conditions, and demonstrate its practical significance in family jurisprudence. The study adopts an analytical and comparative approach, drawing on the reasoning of prominent jurists, particularly within the Maliki school. It examines selected applications, including the Maliki position concerning maternal breastfeeding and the exemption of women of high social status, and the specification of the general prohibition of marrying polytheist women in relation to women from the People of the Book. The study finds that valid public interest and established custom may function as considerations in specifying general texts when they fulfill the conditions recognized by Islamic legal theory and do not conflict with definitive scriptural evidence. The study highlights the importance of these methodological principles in understanding juristic disagreement and demonstrating the capacity of Islamic jurisprudence to respond to changing circumstances while remaining grounded in its textual foundations and objectives.

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