al-Mustalah al-Usuli wa Mushkilat al-Mafahim

al-Mustalah al-Usuli wa Mushkilat al-Mafahim (The Usuli Term and the Problem of Concepts) is a methodological study on Islamic legal terminology and epistemology by the Egyptian scholar and jurist Ali Jumaa (b. 1371 AH / 1952 CE), published in 1417 AH (1996 CE) by the International Institute of Islamic Thought (IIIT) in Cairo al-Mustalah al-Usuli wa M….

Background and Purpose

The work was composed as part of the research group for the Concepts Project (Mashru' al-Mafahim) organized by the Cairo branch of the International Institute of Islamic Thought al-Mustalah al-Usuli wa M…. Jumaa wrote the study to address what he characterized as a pervasive manipulation and distortion of concepts in relation to terms, an intellectual disruption that endangered cultural identity and created widespread confusion across contemporary Islamic thought al-Mustalah al-Usuli wa M…. The book examines the problem through the lens of Islamic legal theory (usul al-fiqh), drawing on classical scholarly heritage to caution against unregulated calls for creating new terminologies under the guise of simplification or renewal al-Mustalah al-Usuli wa M…+1.

Structure and Content

Published as a single volume, the book comprises an introduction, three principal sections (mabahith), and a concluding overview al-Mustalah al-Usuli wa M…+1:

• The Introductory Framework (al-Madkhal): Outlines the Islamic conception of the universe, human nature (fitrah), and the epistemological foundation of transmitting knowledge, which is grounded in revelation (al-wahy) and existential reality (al-wujud) al-Mustalah al-Usuli wa M…+1. The author distinguishes between sensory-perceived reality (al-waqi') and absolute ontological reality (nafs al-amr), pointing out how modern semantic shifts—such as rendering the traditional term 'ilm (decisive knowledge supported by proof) strictly into sensory science—distort core concepts al-Mustalah al-Usuli wa M…+1.
• Convention and Linguistic Designation (al-Istilah): Explores the theoretical mechanics of coining terminology (al-wad'), analyzing how words are assigned to meanings across language, custom, and technical conventions al-Mustalah al-Usuli wa M…. It reviews classical debates in legal theory regarding the origin of language, including whether it is divinely revealed (tawqifi), humanly conventional, or a combination of both al-Mustalah al-Usuli wa M….
• Applied Study on Analogical Deduction (al-Tatbiq 'ala Sharh Mustalah al-Qiyas): Demonstrates the practical workings of legal terminology by analyzing classical definitions of analogical deduction (qiyas) al-Mustalah al-Usuli wa M…+1. Jumaa illustrates how each definition systematically reflects the essential pillars (arkan), conditions, and theoretical commitments of its proponent's legal school al-Mustalah al-Usuli wa M….

In the work's conclusion, the author emphasizes that classical legal definitions constitute cohesive systems that cannot be hastily dismantled, and identifies areas for further study, such as establishing criteria for term creation, regulating conceptual shifts, and safeguarding scholarly language from arbitrary alterations al-Mustalah al-Usuli wa M….