القواعد الأصولية وفروعها الفقهية في "نهاية المطلب في دراية المذهب" لإمام الحرمين الجويني: دراسة تحليلية /
The researcher addresses this topic in the legacy of Imam al-Haramayn Abu al-Ma'ali al-Juwayni (419-478H) by focusing on his book Nihayat al-Matlab fi Dirayat al-Madhhab which constitutes a reference model for many later works in Islamic jurisprudence over the centuries, especially in the Shafi...
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2016
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8639 |
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| Summary: | The researcher addresses this topic in the legacy of Imam al-Haramayn Abu al-Ma'ali al-Juwayni (419-478H) by focusing on his book Nihayat al-Matlab fi Dirayat al-Madhhab which constitutes a reference model for many later works in Islamic jurisprudence over the centuries, especially in the Shafi'i School. Accordingly, the researcher has carried out a comprehensive survey and thorough examination of the usuli rules strewn in the different parts of this juristic encyclopedia. The methodology that has been followed in addressing the different aspects of the topic consists of induction, analysis, comparison and synthesis. Induction has been employed to encompass the relevant materials of the subject matter, while analysis serves to examine those materials and identify their characteristics and interrelationships. Comparison and synthesis have been used to contrast those materials and reorder them according to the structure of the study in line with the general approach of legal theorists. Moreover, the researcher has endeavoured, as much as he could, to relate the usuli precepts found in the Nihayat al-Matlab to their counterparts in al-Juwayni's works on Islamic legal theory, such as al-Burhan and al-Talkhis. He has also brought to light the practical and applied aspects of those rules by providing examples of practical issues decided by al-Juwayni in his juristic encyclopedia under consideration. Likewise, by labouring to uncover the wealth of methodological legal thought contained in the Nihayat al-Matlab, the researcher has highlighted al-Juwayni's original contribution in this crucial area of Islamic legal theory in particular, and at rendering some service to Islamic jurisprudence in general. The study has arrived at a number of important findings of which only the most important will be mentioned here. Firstly, despite belonging to the Shafi'i School and his high regard of Imam al-Shafi'i, al-Juwayni appears in the Nihayat al-Matlab not as a mere imitator (muqallid) who simply follows and transmits the statements and views of others, but rather as an original scholar (mujtahid) who independently and critically discusses, contrasts, weighs and judges the different issues and views, which clearly explain the abundance of his references to, and reliance on, the usuli precepts in the different parts of the book. Secondly, although the Nihayat al-Matlab is a work in applied jurisprudence, it is a store of rich legal methodological materials pertaining to Islamic legal theory that cannot be ignored in any serious study of al-Juwayni's contributions to usul al-fiqh. Thirdly, the usuli precepts formulated by al-Juwayni are clearly informed by an attempt to strike a balance between textual authority (naql) and rational ('aql) as well as between fixity and immutability on the one hand, and flexibility and change on the other. Finally, the study shows that Imam al-Haramyan had laid down the basis for the discipline of the Shari'ah objectives (Maqasid al-shari'ah), thus paving the ground for scholars who contributed greatly to the development of this field of study, such as 'Izz al-Din ibn 'Abd al-Salam, Shihab al-Din al-Qarafi, Abu Ishaq al-Shatibi and Muhammad al-Tahir Ibn 'Ashur. |
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| Physical Description: | [xi], 335 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 302-335). |