معايير الترجيح بين الضررين وتطبيقاتها المعاصرة في القضايا الأسرية والطبية /

This study is aimed at investigating the criteria for preference of one of the two harms based on Maqasid al-shari‘ah (objectives of Islamic law) and applying them to some contemporary problems concerning the family and hygiene. The study examines the definition of “al-ḍarar” (the harmful) followed...

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书目详细资料
主要作者: زكية بنت يوسف
其他作者: Zakiah binti Yusoff
格式: Thesis
语言:Arabic
出版: Kuala Lumpur : Kulliyah Ma'arif al-Wahy wa-al-'Ulum al-Insaniyah, al-Jami'ah al-Islamiyah al-'Alamiyah bi-Maliziya, 2005
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在线阅读:http://studentrepo.iium.edu.my/handle/123456789/9182
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实物特征
总结:This study is aimed at investigating the criteria for preference of one of the two harms based on Maqasid al-shari‘ah (objectives of Islamic law) and applying them to some contemporary problems concerning the family and hygiene. The study examines the definition of “al-ḍarar” (the harmful) followed by highlighting the fact that removing the harmful is the basis of al-ijtihad. Then, the concept and criteria of “al-tarjiḥ” (the preference) are explained in the light of Maqasid al-shari‘ah as elaborated by scholars of jurisprudence. Finally, the researcher applied the said criteria of preference to certain contemporary problems; three on family matters and three related to medicine. The study is based on the inductive approach in collecting relevant juristic opinions of early and contemporary scholars, including the views expressed in al-fatawa almu‘asirah (the contemporary legal opinions). As for the analysis of these different opinions on Maqasid al-shari‘ah, analytical and critical methods were also applied in establishing the strongest view on the matter concerned. The conclusion of this study comprises various findings, the most important being the determination and application of some of the criteria of preference so as to know the strongest harms between the permissibility and non-permissibility of particular problems. The legislative principles consulted in this study are al-Qur'an, al-Sunnah, al-Qawa‘id alUsuliyyah, Qawa‘id al-Maqasid and al-Qawa‘id al-Fiqhiyyah.
Item Description:"Bahth takmili li-nayl darajat al-Majistir fi Ma'arif al-Wahy wa-al-Turath (al-Fiqh wa-Usuluhu)."--On t.p.
Abstracts in English and Arabic.
实物描述:ل، 194 leaves ; 30 cm.
Also available on 3 1/2 in. computer disk-converted into 4 3/4 in. computer optical disc.
参考书目:Includes bibliographical references (leaves 182-194).