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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| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
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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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9182 |
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| Summary: | 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. |
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| 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. |
| Physical Description: | ل، 194 leaves ; 30 cm. Also available on 3 1/2 in. computer disk-converted into 4 3/4 in. computer optical disc. |
| Bibliography: | Includes bibliographical references (leaves 182-194). |