Publication of a Scientific Research at the College of Islamic Sciences – University of Samarra
As part of the rigorous academic activities at the College of Islamic Sciences, a joint research paper was published by the Assistant Dean for Scientific Affairs, Prof. Dr. Yasser Adnan Hassan, in collaboration with the student Ihab Abdulqader Aribi, in Surra Man Ra’a Journal at the College of Education. The paper addressed a precise topic titled: “Abandoning the Literal Meaning in Usul al-Fiqh and Its Impact on Constructing Legal Rulings.”
The research sheds light on the concept of “abandoning the literal meaning” in usul al-fiqh through a scholarly approach aimed at defining and refining the concept and clarifying the points of اختلاف. It focused on several objectives, most notably: explaining the concept and distinguishing it from related terms such as specification (takhsis), juristic preference (istihsan), and abrogation (naskh); identifying the justifications for this shift, including contextual indication, custom, necessity, and conflicts between literal meaning and the objectives of Sharia; and highlighting its impact on and juristic branches and its reflection on the change of legal rulings.
The study reached several important findings, including that abandoning the literal meaning does not constitute neglect of textual evidence, but rather its proper application according to valid contextual indicators. It also emphasized the precedence of customary meaning—whether general or Sharia-based—over purely linguistic meaning when conflict arises, given that Sharia discourse is directed in accordance with the conventions of its .
Furthermore, the research clarified that this concept is governed by precise اصولي rules and is not left to unrestrained interpretation, but is a disciplined اجتهادي approach regulated by established اصولي principles to ensure adherence to the Sharia text.
This academic achievement reflects the college’s efforts in supporting high-quality research and encouraging specialized studies that contribute to developing juristic understanding and deepening methodological approaches in deriving legal rulings.
