القواعد الأصولية في باب المعاملات من خلال الموطأ : دراسة تحليلية /
This study addresses some of the foundational principles Imam Malik used to decree the juristic rulings in his book al-Muwatta' in the chapter on transactions as well as the concept of those foundations, originating factors and development. In addition, the study investigates the degree these r...
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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,
2015
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8637 |
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| Summary: | This study addresses some of the foundational principles Imam Malik used to decree the juristic rulings in his book al-Muwatta' in the chapter on transactions as well as the concept of those foundations, originating factors and development. In addition, the study investigates the degree these rules impact the establishment of his juristic approach. The research also exposes, extrapolates, analyses and functionalizes these foundational rules for the benefit of the people via the inductive method by tracking down the texts and evidence in the chapter dedicated to transactions along with the views of scholars and Usuli jurists on this matter. The analytical approach, on the other hand, was utilized to define some foundational principles in the work of Imam Malik and uncover the ensuing Islamic rulings. The extrapolation of these foundations from the literature allowed the study to justify its importance in enriching the spectrum of knowledge, for these rules would push forward the process of Ijtihad and meet the demands of contemporary Muslim communities. At the same time, they would assist the researchers in the domain of juristic Ijtihad in the field of Islamic transactions by enabling them to acquire the juristic faculty to deal judiciously and efficiently with the Islamic texts and deduce rulings that meet common interest. The most important findings of this study demonstrate that Imam Malik had founded his School of Thought on solid foundational rules, albeit he did not explicitly express that; in addition, his rules were constructed on textual (Consensus or Ijma'; the utterances of the Companions; the "well-trodden path" of the people of Medina…), logical [analogy or Qiyas, Istihsan (Juristic Preference), Maslaha Mursalah (unrestricted public interest)…] and referential evidence (injunctions, prohibitions, the general, the specific, the restricted and unrestricted…); these facts reflect the deep-rootedness of this Madhab and the brilliance of mind of this righteous scholar who, in providing the foundations for his School of Thought, relied on principles that were influential in its acceptance and showed the potential of the Madhab in absorbing all events and new developments of the time. |
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| Physical Description: | [xvi], 153 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 141-153). |