Scholarly Views on the Semantic Implication of the Term (Al-'Āmm) for Its Individuals and the Juristic Implications of Their Differences: A Descriptive-Analytical Study

Abstract

This study examines the nature of the term (al-'Āmm) in Usul al-Fiqh (the Principles of Islamic Jurisprudence), as well as the scholarly views and disagreements concerning the semantic implication of the term (al-'Āmm) for its individuals in terms of certainty (qat'iyyah) and probability (zanniyyah). It also explores the practical implications of this disagreement in subsidiary juristic rulings (al-Furu' al-Fiqhiyyah). The study adopts a descriptive-analytical approach by collecting the views of Usul al-Fiqh scholars and jurists regarding the semantic implication of the term (al-'Āmm), analyzing the evidence supporting their views, and relating these theoretical disagreements to their practical jurisprudential applications.

​The research discusses the definition of the term (al-'Āmm) and its classifications. It presents the disagreement among Usul al-Fiqh scholars concerning the semantic implication of the term (al-'Āmm) for its individuals and the ruling on acting upon it before and after specification (Takhsis). It further examines the legal implications of this disagreement through several practical juristic issues, including the ruling on pronouncing the name of Allah (Tasmiyah) over slaughtered animals, the permissibility of consuming certain types of carrion, such as locusts and fish, and the obligation of Zakat on agricultural produce.

​The study concludes with several important findings, the most significant of which is that disagreements in the principles of Islamic jurisprudence have a direct impact on subsidiary juristic rulings.