The principles of usul al-fiqh (the principles of jurisprudence) are a matter of scholarly disagreement; some say that the principles are derived from the branches, while others say the opposite.
Machine translationRead the Arabic original
Eid Abbasi : My master, the establishment of all the principles of usul al-fiqh (the principles of jurisprudence) — Professor — the two schools differ; some say that the principles are derived from the branches, and some say that we establish the principles based on what?
The Shaykh : Without a doubt, the principle is that a principle must be built upon an explicit text, as in this case. However, sometimes there is no explicit text, and there is no disagreement at that point that it is permissible to formulate a principle based on the induction of branches. Yes, but if the matter of disagreement in a specific issue regarding a specific principle revolves around whether to adopt the opinion of the one who built his principle on an explicit text or the one who built his principle on ijtihad (independent legal reasoning) and derivation, there is no doubt that the one who built his principle on the explicit text is stronger and more authoritative than the other who built his principle on derivation.
The Shaykh : Without a doubt, the principle is that a principle must be built upon an explicit text, as in this case. However, sometimes there is no explicit text, and there is no disagreement at that point that it is permissible to formulate a principle based on the induction of branches. Yes, but if the matter of disagreement in a specific issue regarding a specific principle revolves around whether to adopt the opinion of the one who built his principle on an explicit text or the one who built his principle on ijtihad (independent legal reasoning) and derivation, there is no doubt that the one who built his principle on the explicit text is stronger and more authoritative than the other who built his principle on derivation.
Source
www.al-albany.com
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