Date of Award

1-1-2000

Thesis Type

Masters

Document Type

Thesis

Divisions

Academy of Islamic Studies

Department

Department of Fiqh-Usul and Applied Sciences

Institution

Universiti Malaya

Abstract

Title: Islamic Ruling: Between Principles of Shariah and Clasical Works of Fiqh. This dissertation begins with an assumption that Shariah has certain principles in deriving such a ruling (hukm) and formation of methods of ijtihad by fuqaha in explaining in details of positive laws had been done based on general principles mentioned in the Quran and Sunnah. The dissertation attempts to identify and elaborate in further details several matters. They are i) the general principles of Shariah ii) metodology of Shari ah in applying ruling during the Propet 's period iii) the purpose of Shariah (maqasid al­shafl'ah) and iv) their relation to methods of ijtihad which are commonly discussed in the discipline of usu/ al-fiqh. [n addition. it also attempts to examine cases determined by ijtihad by the Prophet, the Companions, the Successors and Imam of madhahib. As well as to discuss the disagreement matters among mujtahidln. Therefore, this dissertation proves that methods of ijtihad applied by fuqaha in deriving positive laws are in fact come from detailed nas (nusus tafsiliyyah), general principles as well as of maqasid al-Shariah existed in the Quran and Sunnah itself And as far as the emergence of disagreed rulings are concerned, they are resulted from the existing contradictory evidence of proofs in which the Shariah did not explain in details. And as for as the changes of contemporary life's realities and its importance, this dissertation tries to advance factors leading to contemporary ijtihad. Furthermore it underlines limitation, principles and methods can be utilised to promote or determine Islamic contemporary rulings

Initial

snms

Additional Information

Dissertation (M.A) – Academy of Islamic Studies, Universiti Malaya, 2000.

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