قاعدة "مراعاة الخلاف" عند المالكية وتطبيقاتها فى الاجتهاد المعاصر /
This research focuses on "The maxim of considering the disagreement within the Maliki legal school of law and its implementation in contemporary ijtihad" through three main points. First, the study provides a theoretical framework of this legal maxim by discussing its different definitions...
Saved in:
| Main Author: | |
|---|---|
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2012
|
| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9089 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | This research focuses on "The maxim of considering the disagreement within the Maliki legal school of law and its implementation in contemporary ijtihad" through three main points. First, the study provides a theoretical framework of this legal maxim by discussing its different definitions and categorizations of the jurists, and also touches on the legal authority of the maxim, and its most important conditions and regulations. Second, the study states the relationship of the maxim of considering the disagreement with other legal maxims as well as with the secondary evidences and sources of law in order to make them closer to each other. Third, the study highlights the importance of the maxim of considering the disagreement and its impact on contemporary ijtihad. In addition, the study discusses some contemporary juristic issues related to devotional acts, transactions and family laws in which juristic disagreement have been considered. The study uses the descriptive method to display the maxim under study as well as to show its relationship with other legal maxims. It also uses the analytic method to analyze the juristic issues that have been the subject of the application of the maxim of considering the disagreement. Thirdly, the study employs the deductive method to better help understanding the importance of the maxim of considering the disagreement in contemporary ijtihad as well as its implication on some issues that have been a matter of disagreement among the jurists. The study concludes that the maxim of considering the disagreement is in essence a reconsideration of the self ijtihad while taking into account the evidence of the opposite opinion. The aim of this reflection is to prevent harm or to bring benefit. The research also deduces that at the time of utilization, this maxim must fulfill its conditions and regulations. In addition, the research confirms that only a Mujtahid who possesses all the conditions of ijtihad has the right to be involved in the use of this maxim in his ijtihad. Moreover, this study states that the maxim of considering the disagreement is a necessity for contemporary ijtihad in helping jurists to deal with the new issues and matters that need juristic legal opinions. Likewise, the research displays that the maxim of considering the disagreement is generated from the maxim of considering consequences of the actions, among which is the precaution and discharge of liability as well as elevating harm and difficulty as much as possible. Also the research finds that the application of the maxim under study can bring closer the different schools of law as well as it helps reduce the intensity of the zeal for the schools of law. Furthermore, it finds that when a Mujtahid is involved in the use of the maxim of considering the disagreement he will deem legal some of the effects that are in contradiction with his first opinion, like the validity of sale contract that is a subject of jurists' disagreement and like the vindication of the inheritance and the lineage out of marriage contracts that are subjects to jurists' disagreement. |
|---|---|
| Item Description: | Abstracts in English and Arabic. بحث مطلب مقدم لنيل درجة الماجستير في معارف الوحي والتراث ( قسم الفقه و أصول الفقه) " --On t.p. |
| Physical Description: | [ xi ], 110 leaves : |billustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 98-110) |