Reconsidering Principles of Jurisprudence, Criteria-based Vision

Principles of Jurisprudence (Uṣūl Al-fiqh) is a methodology that governs the thinking process of practitioners of scholarly discretion (mujtahedeen). Hence, there is a need to explore the criteria of this thinking process. In doing so, we adopt a novel approach to the subjects of Uṣūl Al-fiqh that yields a unique insight into the discipline. Shifting to a scientific methodology takes a new level of understanding which helps trace the main threads that run through all topics of Principles of Jurisprudence. The researcher attempts to reveal patterns of criteria underlying Uṣūl Al-fiqh. This should help revitalize the discipline through a theory-based methodological analysis of scholar's statements that aims to extract the criteria scholars employ in their reasoning. Building on such standards is the premise of the proposed recast of the field. This study contributes to understanding the subjects of Principles of Jurisprudence. It is also valuable for pedagogical purposes since it identifies the appropriate criteria to be employed in reasoning. It is concluded that scholars' reasoning criteria are jointly employed, not separately. The results show that combining criteria exists in the fabric of this deductive methodology. The results also indicate that criteria include textual, rational, linguistic, and preferential criteria (benefit and harm). Each rubric entails subtypes. Among the most employed criteria are rational criteria. They fall into two groups, equivocal (interpretation, analysis, and others) and definitive (among other things, mutual contradiction and impossibility). Keywords: Uṣūl Al-fiqh, Principles of Jurisprudence, innovation, reasoning, criteria, deductive reasoning