التّطوّر المصطلحيّ لمفهوم "الحكم الاستثنائيّ" بين القرنين الرّابع والثّامن الهجريّين

(Terminological Development of the Concept of "al-Ḥukm al-Istithnā’ī” (Exceptional Rule) between the Fourth and Eighth Hijri Centuries)

Abstract

This study seeks to examine the terminological development of the concept of “exceptional rule” in the jurisprudential and Uṣul al-Fiqh literature in the fourth and eighth Hijri Centuries, to monitor the emergence of terms expressing this concept at the beginning of Islamic composition, and to attempt to highlight the fundamentalist mentality and methodology in the beginnings of the composition. In addition to the comparative method, the study relied on several tools to reach its goal, including the linguistic code and the Python programming language, and the study ended with a number of results, the most important of which is that the concept of exceptional rule was stable and clear in the minds of some authors during the fourth Hijri Century. It was not termed to express it in specific terms, while the expression of the concept of exceptional rule during the eighth Hijri Century reached a degree of maturity and stability, so it was no longer expressed in uncontrolled sentences and phrases, but rather in specific terms, and what the study observed was that some classifiers were more used. And creating some expressions related to the concept of exceptional rule from some. The study was characterized by its crossing between three distinct fields of knowledge, namely: Fundamentals of Fiqh, the science of terminology, and Corpus linguistics.

Keywords: Exceptional Ruling, Uṣul al-Fiqh, Terminological Development, Terminological Concept, Corpus linguistics.