The Historiography of Legal Maxims from al-Shaybānī to al-Karkhī

Authors : Muhammed Şahin

Pages : 551-576

Doi:10.56720/mevzu.1608935

View : 103 | Download : 117

Publication Date : 2025-03-15

Article Type : Research Paper

Abstract :This article examines the origins of legal maxims (qawāʿid fiqhiyya, and uṣūl in early jusrists’ expression) in the early period between al-Shaybānī (d. 189/805) and al-Karkhī (d. 340/952), focusing specifically on the early de-velopment of these maxims before the fourth century AH. The article demonstrates that legal maxims were articulated in early forms as early as the second century, particularly in al-Jāmiʿ al-Kabīr by Muḥammad ibn al-Ḥasan al-Shaybānī. The finding is consistent with the methodology of subse-quent commentators on the same work, indicating a considerably earlier phase than the Uṣūl of al-Karkhī. The study further explores the varied ex-pressions of legal maxims during this early period, as reflected in the availa-ble early Ḥanafī tradition sources. The article identifies al-Jāmiʿ al-Kabīr as the foundational work for the independent development of legal maxims in this formative period, highlighting the evolution of their articulation prior to al-Karkhī’s contributions. It argues that the roots of these principles can be traced back to al-Shaybānī’s work, culminating in the formulations of al-Karkhī’s generation. This perspective is consistent with the functional role of legal maxims within the Ḥanafī school and reflects the specific nature of Is-lamic jurisprudence (fiqh). By shedding light on the second and third centu-ries AH, this article contributes to a deeper understanding of these periods, which have previously been addressed only in a general sense.
Keywords : Fıkh, Usûl, el-Kavaid Fikhiyye, eş-Şeybânî, el-Câmiu, Hanafi mezhebi