A jurisprudential analysis of legal maxims in the law of obligations section of Al-Mawsilī's Al-Ikhtiyār

Islamic law aims to regulate both the individual and social lives of Muslims. Among the significant elements of this legal system are the fiqh maxims (qawāʿid al-fiqhiyyah), which serve to bring detailed legal issues together under general principles. These maxims help in understanding and resolving similar matters within a shared rational framework. In this respect, they make a substantial contribution to the comprehension of Islamic law in both its theoretical and practical aspects. Therefore, an in-depth examination of their nature, historical development, sources, evidentiary value, and place within the classical fiqh literature is of great importance. This study explores the function of fiqh maxims in classical legal texts and, in line with this aim, examines the sections related to the law of obligations in al-Mawṣilī's al-Ikhtiyār li-Taʿlīl al-Mukhtār. Before delving into the relevant chapters, the concept of qāʿidah is defined, its historical development, essential features, and sources are outlined. Subsequently, the maxims used by al-Mawṣilī in his work are identified, and an analysis is provided regarding the purpose and context in which these maxims are employed. Furthermore, the study investigates the presence of these maxims in earlier Ḥanafī literature to determine whether al-Mawṣilī used them originally or borrowed them from previous works. It has been established that, in certain instances, the author made original contributions. Therefore, this study emphasizes that al-Mawṣilī holds a notable position in the literature on legal maxims. In addition to demonstrating the guiding role of these maxims in the process of deriving legal rulings, the study also highlights his contribution to the development, understanding, and application of fiqh maxims.