ابن الملقن والقواعد الفقهية المهمة التي لم ينص عليها دراسة تفصيليه للقواعد
Islamic jurisprudence principles play a crucial role in Islamic law, with many scholars, including Ibn al-Malqan, meticulously attending to them, organizing and eloquently articulating them. However, Ibn al-Malqan did not address all principles explicitly. Here, I highlight some. Among the major ones, I mention “Matters are judged by their intents,” along with its sub-principles. Ibn al-Malqan only discussed one, “Certainty is not removed by doubt.” I also cover “Custom is authoritative,” including rules on when to abandon or apply custom, and “No harm shall be inflicted or reciprocated,” emphasizing harm avoidance, exemplified by “Harm is to be removed.” Ibn al-Malqan’s references on this principle are included. The research relied on the inductive, analytical, and descriptive method.
Keywords: Jurisprudential Principles, Islamic Jurisprudence, Major Rules, Custom, Methodology, Oath, Harm, Necessity.
Sarah Mahmud MAKKI, Postgraduate student at the faculty of Sharia, Yalova University – TÜRKİYE
Dr. Öğr. Semara PEKER, Lecturer at the Department of Islamic Studies, faculty of Sharia, Yalova University – TÜRKİYE