An Introduction to Jurisprudential and Uṣūl-Based Takhrīj: Its Nature and Types

Abstract

Abstract:

Jurisprudential and uṣūl-based takhrīj is the product of ijtihād-based scholarly efforts undertaken by jurists of various schools and ranks to establish the principles of uṣūl and apply them rigorously to derive rulings for subsidiary legal issues (furūʿ). This practice was driven by the need of each school’s adherents to ensure internal consistency and coherence. Despite this, the term takhrīj is often narrowly understood to mean only "deriving subsidiary rulings from legal principles." However, further engagement with takhrīj reveals that its scope is significantly broader than this restricted definition.

This research was thus prompted by a desire to clarify the true nature of takhrīj in both jurisprudence and uṣūl, to classify its various forms, and to explain the methodological characteristics of each type, including the way it yields its scholarly benefit. The study is grounded in a close examination of the approaches employed by early legal scholars in formulating legal principles and extracting rulings, as well as the subsequent efforts of later scholars who systematized and applied takhrīj within their respective schools, both at the level of uṣūl and furūʿ.

The paper is organized into an introduction, a preliminary overview, and two main sections. The first section defines the concept of takhrīj, while the second explores its different types. One of the most significant findings of this study is that jurists have practiced seven distinct types of takhrīj. While none of these types can independently qualify as separate branches of knowledge, denying them that status does not diminish their critical role in ensuring the sound application and development of both legal theory and substantive law.