التعبد والتعديل وأثرهما في المذهب الشافعي /
This study aims theoretical framework level at highlight the issue of differentiating between devotional and non-devotional acts. This issue leads to scholarly disagreement among Muslim jurists. More precisely, the study focuses on the Shafi'Ê School of Law and the disagreement among jurists of...
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| Format: | Thesis |
| Language: | Arabic |
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Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2012
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8465 |
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| Summary: | This study aims theoretical framework level at highlight the issue of differentiating between devotional and non-devotional acts. This issue leads to scholarly disagreement among Muslim jurists. More precisely, the study focuses on the Shafi'Ê School of Law and the disagreement among jurists of the School on particular Fiqh issues based on judging an act as being a devotional act or not. The study investigates al-Rukhsah, al-Muqaddarat and al-Abdal. The study uses the inductive approach to trace the Fiqh issues that are affected by the rule of devotional and rational injections of the Lawgiver. In addition, the study uses the descriptive approach to report the opinions of jurists concerning the theoretical and applied aspects of the study. An analytical approach, then is taken to verify the extent to which the opinions of jurists in Fiqh match the rulings of the Islamic legal theory. The study concludes with a set of findings among which are the following. First, the devotional act is the one rational of which is not found so as to apply the analogy even if its wisdom is known. The study also concludes that in theory the determinant element in differentiating between devotional and non-devotional acts is the finding of its effective reason. Moreover, the practical determinant element is the possibility of applying an analogy. The study also proves that the Shafi'e School of Law has opened the door of analogy for all cases as long as the conditions are verified. Finally, the study highlights the Fiqh issues that have been subject of disagreement among Shafi'e School of Law are al-Rukhsah, al-Muqaddarat and al-Abdal. |
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| Item Description: | Abstracts in English and Arabic. "بحث متطلب مقدم لنيل درجة الماجستير في معارف الوحي والتراث(الفقه وأصول الفقه)." --On title page. |
| Physical Description: | [xiii], 241 leaves ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 120-132). |