نظرية الإجتهاد التنزيلي في البحث الأصولي مشروع القانون الجنائي الإسلامي في ماليزيا نمزذجا /
This research aims at examining the position of ijtihad tanzili in usuli studies, by explaining its meaning, validity, history and fields as well as shedding light upon the principles of ijtihad tanzili which consist of understanding the reality (al-waqi‘), determining the reasons (al-manatat), veri...
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| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Gombak, Selangor :
al-Jami'ah al-Islamiyah al-'Alamiyah bi- Maliziya,
2006.
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8300 |
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| Summary: | This research aims at examining the position of ijtihad tanzili in usuli studies,
by explaining its meaning, validity, history and fields as well as shedding light upon
the principles of ijtihad tanzili which consist of understanding the reality (al-waqi‘),
determining the reasons (al-manatat), verifying the objectives (al-maqasid) and
considering the consequences (al-ma’alat). Looking at the inability of the state
government of Kelantan to apply the Syariah Criminal Code (II) Bill 1993 in spite of
the unanimous passage by the State legislative assembly a decade ago, therefore, this
study attempts to evaluate the bill in the light of the principles of ijtihad tanzili, by
analyzing the contents of the bill, its history and opportunities. This study uses the
inductive method in studying the opinions of the scholars regarding this type of
ijtihad. It also employs the analytical and critical methods in analyzing and assessing
those opinions, and in reviewing the bill, Federal Constitution, Penal Code and the
opinions of scholars on the issue. The study suggests that mujtahids, muftis, judges
and rulers need to be alerted on the concept of ijtihad tanzili and its significance in
applying the Islamic laws to the real life. It also emphasizes the importance of
observing and adhering to the general principles of ijtihad tanzili, which will
guarantee a proper application of the Divine will. The study proposes that the
executers of the bill should comply with those principles as it finds out that the main
reasons for the failure of applying the bill is due to disregarding those principles in a
proper manner. |
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| Item Description: | "Bahth takmili muqaddam li-nayl darajah al-Dukturah fi 'Ulum al-Wahy wa-al-Turath (al-Fiqh wa Usul al-Fiqh)."--On t.p. Abstracts in English and Arabic. |
| Physical Description: | [14], 339 leaves. ; 30 cm. Also available on [3 1/2 in. computer disk converted into 4 3/4 in. computer optical disc] or [4 3/4 computer optical disc] |