The Term "Al-Hudhāq" and Its Methodological Impact on Legal Preference (Tarjīh) within the Maliki School of Jurisprudence

Abstract

This study investigates the concept of "Al-Hudhāq" (the proficient scholars) and its methodological impact on legal preference (Tarjīh) within the Maliki school of jurisprudence. The research aims to define the linguistic and terminological meanings of Al-Hudhāq, identify the scholars encompassed by this description through historical contexts and regional attributions, and examine practical applications across various chapters of Islamic jurisprudence. Employing a descriptive and analytical methodology, the study traces the evolution of the term from a general linguistic descriptor of skill and precision to a significant scholarly criterion utilized by later jurists to weigh differing opinions when explicit texts or consensus are absent. The findings indicate that while Al-Hudhāq does not constitute an independent source of law, their collective consensus or weighted opinions serve as a strong corroborative indicator (Qarīnah) in legal preference, often aligning with or occasionally departing from the school's mainstream (Mashhūr) positions. Consequently, the research recommends further comprehensive studies focusing on the methodological weight of juristic terminology in later Maliki compendiums.