The Complexity of Formulating Principles and Maxims

Scholars have differed regarding whether juristic principles that have been devised are exhaustively wide-ranging to the point that they literally apply to every single particular scenario (قواعد كلية) or to the vast majority of cases with the understanding that there are exceptions to the general rule (قواعد أغلبية). Some say that some principles are fully exhaustive, while others are not. Many even insist that even if there are exceptions, these principles should still be considered fully exhaustive and that exceptions to the rule are only that, exceptions. Some would even say that the exceptions do not even fall under the respective principle to begin with; thus, we could still say that the principle is entirely exhaustive.

Notwithstanding the different opinions of this detailed debate, I believe it is important to extract at least three benefits from this discussion.

First, life is not black and white. You cannot shoehorn life’s complex affairs and scenarios into a tiny conceptual box that could be described in a single short phrase. Not only do you expect to formulate general principles, but you also develop principles that deal with exceptions to those general principles.

Second, formulating principles and maxims is a human endeavor, and delineating guidelines via which you use to examine and perceive wide-ranging and complex scenarios is no simple feat. Allah سبحانه وتعالى did not reveal these maxims and principles to us but rather left it to a blessed and honored segment of the ummah to undertake this arduous ijtihadi duty. For that, we remain grateful to our ulama and pray that Allah rewards them for taking on such a painstaking task on behalf of the ummah for its benefit.

Third, do not assume you can just pick up any good book or article that explains juristic maxims and principles and think you could start applying them. Even if you are very advanced in your knowledge and an experienced mufti, the fact that there remains "exceptions to the rule" ought to humble you to realize that you cannot deem yourself to be independent by simply relying on a bunch of principles at your perusal. You are bound to come across exceptionally complex cases that cannot be dealt with straightforwardly. These principles and maxims are not always going to come to your aid as a mufti.

This complex challenge is not restricted to the principles of fiqh but also applies to principles in several disciplines where there are always exceptions to the rule given the existence of complexities and grey areas. This reality reminds us of our dependence upon the learned and that we can never succeed in traversing the path of knowledge on our own.