مهارة تأصيل القول الفقهي -دراسة تأصيلية تطبيقية- د. عثمان بن خالد بن عثمان السبت

Abstract The skill of grounding a juristic opinion (Taʾṣīl al-Qawl al-Fiqhī) is among the most prominent skills stated in the Glossary of Juristic Skills issued by the Rusookh Center for Educational and Instructional Consultations and Studies. It is defined as “the jurist’s ability to trace an opinion back to its basis, whether a textual proof, a juristic principle, a legal maxim, or a Sharʿī objective.” It is therefore a skill in which a jurist should be proficient. Since this skill has not been the subject of a dedicated study, I examined it through a theoretical investigation in which I presented its detailed definition and subject matter, highlighted jurists’ attention to it and the contexts in which it appears in classical and contemporary scholarship, and explained its steps with examples. I also included four examples in which all the steps of the skill were fully applied and identified the most significant sources of error in its practice. The study confirmed the soundness of the skill’s definition and the steps presented in the Glossary, while proposing some minor modifications. It also concluded that early jurists did not devote independent works to grounding juristic opinions, despite their clear attention to it throughout their writings. The study further showed that the most significant contribution of the Glossary lies in organizing this skill into systematic and well-defined procedural steps; adherence to these steps enables the grounding of juristic opinions in a sound, accurate, and rigorous manner. Keywords: Skill, Grounding (Taʾṣīl), Opinions, Fiqh, Grounding of Juristic Opinions (Taʾṣīl al-Qawl al-Fiqhī).

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