القواعد الفقهية دراسة تأصيلية في مفهومها، والفرق بينها وبين الضوابط الفقهية، ونشأتها وتطورها

Abstract

This study examines the concept of Islamic legal maxims (al-Qawāʿid al-Fiqhiyyah) by explaining their linguistic and technical definitions. It also introduces the concept of juristic regulations (al-Ḍawābiṭ al-Fiqhiyyah) and clarifies the similarities and differences between legal maxims and juristic regulations. Furthermore, the study distinguishes between legal maxims and principles of Islamic legal theory (al-Qawāʿid al-Uṣūliyyah) in terms of their concepts, functions, and fields of application. In addition, it explores the origin, development, and codification of the science of legal maxims, highlighting the contributions of Muslim scholars and the most significant works written in this field.

The research adopts the inductive method to collect data from original sources, the analytical method to examine and interpret the relevant texts, and the comparative method to identify the distinctions between legal maxims, juristic regulations, and principles of Islamic legal theory.

The study concludes with several important findings. Among the most significant are that Islamic legal maxims constitute one of the most effective tools for regulating and organizing juristic rulings; that they differ from juristic regulations in terms of their broader scope of application; and that they also differ from the principles of Islamic legal theory with respect to their subject matter and function. The study further concludes that the foundations of this discipline originate from the Qur'an and the Sunnah and that it gradually developed into an independent field of Islamic scholarship with its own specialized literature.