الحكم التعبدي في البحث الأصولي : دراسة تحليلية /
This study concentrates on clarifying the reality of devotional rules in Islamic legislation in terms of their foundation and theory. It mentions both literal and SharīÑah definitions of the term, discusses opinions of some UÎūlī scholars about it, shows its relationship with some other UÎūlī terms,...
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| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
al-Jami'ah al-Islamiyah al-'Alamiyah bi- Maliziya,
2006
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8563 |
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| Summary: | This study concentrates on clarifying the reality of devotional rules
in Islamic legislation in terms of their foundation and theory. It
mentions both literal and SharīÑah definitions of the term, discusses
opinions of some UÎūlī scholars about it, shows its relationship with
some other UÎūlī terms, explains why the wise Lawgiver putts this
kind of rules in His legislation. The study also mentions the
distinguishing features of the devotional rules, their area in which they
come, and their methods of identification. It also demonstrates the
impact of disputes of jurists regarding devotionality of the rules in
Islamic legislation in general, and in juridical matters in particular.
The researcher mentions the opinions of UÎūlī scholars about the issue:
what is the original status of the Islamic rules, are they devotional or
rational? He presents the proofs of each opinion, discusses them to
reach to the preferential view. After criticizing all opinions and
pointing out their shortages, he concludes the preponderant one
according to his view. The researcher follows three research
methodologies in this study: induction, analysis and criticism. At the
end of the study, the researcher reaches to his conclusions, one of them
is that devotional rules have their own features which distinguish them
from the rational rules; the other one is that calling to abolish the
devotional rules, or to make all rules to be devotional, will lead to
negative consequences for Islamic legislation, even if the caller’s
motive is good. Lastly, it is sensible to put both devotional and rational
rules in their right places, without abolishing or enlarging the first,
which may lead to touch upon what nobody can know exactly in detail
but Allah SubÍānahū Wa TaÑālā, or abolishing the second one to make
all rules devotional, which may destroy the flexibility of legislation
and its good response to continuously arising new issues and incidents. |
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| Item Description: | Abstracts in English and Arabic. "Bahth takmili li-nayl al-Majistir fi Ma'arif al-Wahy wa-al-Turath (al-Fiqh wa-Usul al-Fiqh)."--On t.p. |
| Physical Description: | م،109 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 102-109). |