Al-qawāʿid al-fiqhiyya wa-ajnās ukhrā min al-adab fī al-fiqh al-islāmī
Legal Maxims and Other Genres of Literature in Islamic Jurisprudence
Publisher
Arab Law Quarterly
Edition
20,1
Publication Year
2006 AH
Publisher Location
London
LEGAL MAXIMS AND OTHER GENRES OF LITERATURE 99
One should also note, in this context, the emergence of the encyclopedias of fiqh in the latter part of the twentieth century, which marked a milestone of development, and succeeded in producing consolidated and reliable works of reference on fiqh, and these efforts are still continuing. A number of fiqh encyclopedias have been published bearing the familiar title al-mawsu'a al-fiqhiyya. Egypt, Kuwait, Syria and other countries embarked on compiling encyclopedic works on fiqh during the latter part of the 20th Century. The Kuwait Encyclopedia of fiqh started in late 1970's, has to date been published in over 40 volumes, and is nearing completion. The Egyptian counterpart on this started earlier, in the 1950's, and that, too, has appeared in over 30 volumes. Syria's started at around the same time as Egypt's, but it was not as extensive. The one that is published by the Ministry of Awqaf of Kuwait is more systematic, and easier to use. Almost all the alphabetical fiqh titles are treated under the doctrines, not only of the four Sunni schools, but also of the Shī'ah, the Zahiriyya, the Ibādiyya, and others. Numerous other fiqh encyclopedias, of more limited scope, have been published by private institutions and individuals.
The encyclopedia coverage of fiqh subjects and titles bears similarity to the naẓariyyāt format in most cases, although the approach here differs in some ways from that of self-contained theoretical works of textbook orientation. To give an example, the article on ḥaqq (right) in the fiqh encyclopedia of Kuwait is extensive, and in itself provides a condensed exposition of the theory of ḥaqq in Islamic law. This can also be said of wilāya (guardianship), nikāḥ (matrimony), and so many other entries. Yet, it will be noted that the encyclopedia coverage of fiqh themes can be somewhat atomistic, in that the overall focus tends to be on individual topics, rather than a progressive and coherent development of particular areas of fiqh.
As a distinctive genre of fiqh literature, the legal maxims are likely to remain an influential area of the legacy of fiqh. This is perhaps borne out by the fact that the Turkish ulama who drafted the Ottoman Mejelle, in 1850 articles, decided to begin their impressive, and in many ways, original, work on the Islamic law of transactions with a selection of the most important of these maxims.
Conclusion
It is the abstract and synoptic character of legal maxims that gives them a degree of versatility and timelessness that is not hampered by burdensome detail. The inherent objectivity of legal maxims contributes to their
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