Talqih al-Afham al-Aliyya bi Sharh al-Qawaid al-Fiqhiyya

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Talqih al-Afham al-Aliyya bi Sharh al-Qawaid al-Fiqhiyya

Talqih al-Afham al-Aliyya bi Sharh al-Qawaid al-Fiqhiyya (Insemination of Lofty Minds: An Explanation of Legal Maxims) is a treatise on Islamic legal maxims (al-qawāʿid al-fiqhiyya) by the contemporary scholar Walid ibn Rashid al-Saidan.

Content and Scope

The work is dedicated to elucidating foundational legal maxims and demonstrating their practical application across multiple branches of Islamic jurisprudence. Among the core principles examined are the five major universal maxims (al-qawāʿid al-khams al-kubrā), such as the maxim that established certainty cannot be overruled by supervening doubt (lā yunqaḍ al-amr al-mutayaqqan thubūtan aw nafyan bi-shakk ʿāriḍ). The author details how such overarching principles apply to subsidiary legal cases (furūʿ) whenever an issue involves competing claims of certainty and uncertainty, overriding doubt in favor of certainty across various chapters of jurisprudence.

Edition and Reception

The book includes an introduction or presentation (taqdīm) by Salman al-Awdah. It serves as a modern reference for students and scholars of legal theory and jurisprudence, frequently cited in contemporary treatises on legal maxims and legal objectives (maqāṣid al-sharīʿah).

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