Date of Award

1-1-2001

Thesis Type

Masters

Document Type

Thesis

Divisions

Academy of Islamic Studies

Department

Department of Shariah and Law

Institution

Universiti Malaya

Abstract

The objective or this research is to discuss the Sadd al-Dhara'i doctrine; i.e. one of the many approaches adopted by Islamic legislative practitioners in determining rulings for cases which are not specifically expressed in the holy al-Qur'an and al-Hadith. In this paper, the writer also highlighted the different views of the ulama, Islamic scholars and advocates of the Islamic law in respect of the origin that form the basis of the Islamic legislation. The writer also include in this paper the foundation and the principles underlying Sadd al-Dhara'i doctrine is in conformity with the syara', the criteria that need to be complied and the authority vested with the ulama' should the doctrine be used as a basis of a ruling or fatwa. Several examples of the decisions made in the state of Kelantan during 1990-1998 were quoted and discussed in this paper. These include the rulings and fatwa passed by the State legislative council that can be seen where the doctrine of Sadd al-Dhara'i has been used as a basis. Therefore, the discussion of this paper is focused onwards analyzing and assessing as to the extent the doctrine of Sadd al-Dhara'i be used that form the basis of the rulings made. The writer, in his conclusion, suggested other aspects and criteria that need to be considered in compliance with the requirements of the doctrine of Sadd al-Dhara'i in line with syara' to avoid any reasonable doubts by the public towards implementing the Islamic governance.

Initial

snms

Additional Information

Dissertation (M.A) -- Academy of Islamic Studies, Universiti Malaya, 2001.

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