An Introduction to Qawa'id al-Fiqhiyyah

     Sheikh Sa'id al-Lahji begins his work Idhah al-Qawa'id al-Fiqhiyyah with the famous verses of al-Sabban that contain the ten fundamentals which every student must know before delving into a particular subject:

Indeed the fundamentals of every science are ten:

The definition, the subject, and the fruits,

Its merit, relationship and founder,

The name, basis, and ruling of the lawgiver,

And the legal cases. Though some is sufficient

The one who obtains it all gains nobility.

     Qawa'id al-Fiqhiyyah deals with the principles through which the rulings of new occurrences are identified in the absence of a clear statement in the Qur'an, Sunnah, or ijma'. The subject matter of the science is the methodology of deducing fiqh rulings from the established legal maxims. The issues that one studies in the field constitutes the examination of the conditions and states of furu', and determining the compatibility of the principles with the furu'. 

     Qawa'id al-Fiqhiyyah allows one to know the ruling of new occurrences when there is no clear nass from the lawgiver, and it allows one to understand a large amount of furu' in a relatively short period of time. Being a branch of fiqh, the study of legal maxims naturally shares the merit that fiqh enjoys: the best field after theology. 
 

     The field, sometimes referred to as 'ilm al-qawa'id al-fiqhiyyah or ashbah wa al-nada'ir, was founded by the masters of furu', such as Abu Tahir and Qadi Husayn, who developed the field of study and transmitted the science to others. Later, Sultan al-'Ulama 'Izz Abd al-Salam came an authored an extensive work in the field. 
 

     The science is rooted in the Qur'an, Sunnah, and statements of the companions and mujtahid imams. It is communally obligatory to learn the science of qawa'id al-fiqhiyyah, and personally obligatory whenever a qadi appoints one to learn the science (6-7).