INTRODUCTORY INTRODUCTIONS TO PRACTICAL FUNDAMENTALS

Resumen

This research examines the preliminary foundations of practical principles in the science of Islamic legal theory (Usul al-Fiqh). These principles play a central role when the jurist faces the absence of a definitive or reliable textual proof that can determine the legal ruling. The study aims to clarify the theoretical framework of practical principles and explain their role in determining the practical duty of the legally responsible person when uncertainty exists regarding a legal ruling. The research analyzes the historical development of practical principles within the Imami legal tradition. It traces their emergence in early works of legal theory and follows their development until they reached a mature methodological form in the writings of later Usuli scholars. The study also discusses the distinction between practical principles (al-usul al-ʿamaliyyah) and legal indicators (al-amārāt), focusing on their evidentiary nature and their different roles in legal deduction. In addition, the research explains the difference between rational principles and textual principles, particularly in relation to the source of their authority and the scope of their application. The study further addresses the main practical principles used in Islamic jurisprudence, including the principle of presumption of innocence (al-bara’ah), the principle of precaution (al-ihtiyāt), the principle of choice (al-takhyīr), and the principle of continuity (al-istishāb). It clarifies the conditions under which each principle operates and the contexts in which jurists apply them. The research relies on classical and contemporary Usuli sources to provide an analytical discussion that highlights the theoretical foundations of these principles and their importance in shaping the methodology of legal deduction in Islamic jurisprudence.