Masāʾil fī Mafhūm al-Laqab(Issues in the Concept of al-Laqab)

Abstract

Abstract

This study aims to examine the concept of al-laqab through an analytical uṣūlī approach, by defining it, clarifying its authoritativeness, and exploring four key uṣūlī issues related to the concept of al-laqab.

This study highlights the significance of issues related to the concept of al-laqab and its implications in legal theory and jurisprudence. Using a descriptive-analytical approach, the research is divided into an introduction and two sections. The first defines al-laqab, explores scholarly views, and examines arguments for and against its authoritativeness. The second addresses four precise issues, including the inferred opposite ruling, distinctions between al-laqab and similar concepts like attribute and condition, the effect of contextual indicators, and the confusion surrounding the use of genus and species in uṣūl.

The study concluded with several important findings, most notably: that the concept of al-laqab implies the negation of the ruling, not merely its opposite; that its distinction from other related concepts explains the weak position on its authoritativeness; and that the issue of contextual indicators remains a point of contention in legal theory. The study recommends Examining the juristic implications of differentiating between affirming the contradictory or the contrary for the unspoken, and between whether a qualified term with an indicator is within or outside the point of dispute