تحقيق المناط عند الإمام الشاطبيِّ وأثره في الاجتهاد دراسة تطبيقية في قضايا الأسرة المعاصرة/
This research highlights the issue of ascertaining the effective cause of Tahqih al-Manat according to Al-Imam Al-Shatibi and its impact on Ijtihad. The case study of this research is contemporary family issues. The researcher adopted the inductive method to investigate the relevant literature and t...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2014
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9350 |
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| Summary: | This research highlights the issue of ascertaining the effective cause of Tahqih al-Manat according to Al-Imam Al-Shatibi and its impact on Ijtihad. The case study of this research is contemporary family issues. The researcher adopted the inductive method to investigate the relevant literature and to scrutinize the opinions of jurists and scholars of Islamic legal theory of Usul al-Fiqh on the subject. In addition, the researcher used the descriptive and analytical method to highlight the concept of Tahqih al-Manat with a special focus on al-Shatibi's opinion on the subject. This is done by investigating its meaning, levels and domains in the frame of Al-Imam al-Shatibi. In addition, this research highlights the ways and regulations that govern the process of disclosing Tahqia al-Manat according to Al-Imam al-Shatibi's approach. The research also discusses the impact of expanding the concept of Tahqia al-Manat on some issue of Ijtihad within the Islamic legal theory of Usul al-Fiqh such as the total absence of a Mujtahid and the renewal of Ijtihad as well as the impact on conflicting Ijtihad. This research in its applied dimension chooses some contemporary issues related to family law on its case study. This research investigated polygamy, the marriage of al-Misyar, leasing wombs (Istijar al- Al-rahim) and artificial insemination (al-Talqih al-Istina'i). Some of the findings of the research are as follow: Polygamy has been legislated by the Shari'ah to protect societies from evil and to promote the welfare of people, however, the research finds that in case where no necessity is incumbent the best situation is to marry one only. Concerning the marriage of Misyar the research concludes that it goes against the higher purposes of the Shariah in terms of the objectives of marriage in Islam. This type of marriage leads to several evil that give it the ruling of a prohibited dislike (Karahah Tahrimiyyah). The research finds also that it is prohibited to lease a womb in order to protect the Shariah objectives and the rights of humanity. This process of leasing wombs may lead to many evil and ambiguities concerning some Fiqh issues, such as inheritance that rises on the ground of womb leasing. For example, which share will be given to the child born from this process and who will be considered as the heir in case the parent dies? on the other hand, the artificial insemination is permissible if it does not involve prohibited practices such as exposing Awrah and masturbation. In addition, it is stipulated in this process that the parties must be husband and wife and they must follow some regulations. This Shari'ah ruling is reached through the application of the legal maxim necessities which make prohibited matters lawful as they are reached through the use of Al-Shatibi's expansion of the meaning of Tahqih al-Manat. |
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| Physical Description: | [xii], 180 leaves : ill. ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 154-180) |