قاعدة " كل تصرف تفقاعد عن تحصيل مقصوده فهو باطل" : دراسة أصولية تحليلية تطبيقية /
This dissertation commits itself to studying one of the 'Means Principles' in Islamic law. This principle reads 'Every action that fails to achieve its aim is void'. Action here refers to 'the means'. The study definited all the technical terms used in phrasing the prin...
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Gombak, Selangor :
Kulliyat Ma'arif al-Wahy wa-al-'Ulum al-Insaniyah al-Jami'ah al-Islamiyah al-'Alamiyah bi-Maliziya,
2006
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8807 |
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| Summary: | This dissertation commits itself to studying one of the 'Means Principles' in
Islamic law. This principle reads 'Every action that fails to achieve its aim is void'.
Action here refers to 'the means'. The study definited all the technical terms used in
phrasing the principle and highlighted the origins of this particular principle, its
emergence in Islamic legislative history and its interrelation with other similar
principles. The study treated the role of this principle in the interpretation of some
textual evidence and associated evidence. The study, then, provided some examples of
the disability of the means, the conditions by which a means is considered disabled,
the relationship between the aims and the means and the relationship between these
two components on one hand and the fundamental and flexible matters in Islamic law,
on the other. In the final chapters, the study presented some juristic implementations
of the principle, the deductive methodology to extract what might disable the
functioning of the principle, and comparative analysis of the views of several scholars.
The study concluded with some results, the most significant of which is that this
principle is considered a purposive principle that has its links with jurisprudence.
Hence, it is a judicial purposive ruling. It also found out that a means is of two types;
invariable and variable. The latter changes according to time, place, circumstances and
conclusions. Consequently, the judicial stance might change and the means might be
subject to ijtihad wherever there is no textual evidence. Besides, the means may not
lead to the aim in a proper manner. Thus, the means is disabled here, though, as
clearly stated in the research, this does not mean that it is illicit, nor does it mean it
cannot be handled. It is disabled due to malfunctioning solely or occasionally. The
study has also shown that the relationship between the aims and the means is
associative and inseparable to the extent that it is impossible for any of them to stand
without the other. On the one hand, the aims would not be achieved without the means
and, on the other, the means are worthless if they have no aims to fulfil. |
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| Item Description: | "Bahth takmili muqaddam li-nayl darajat Majistir fi 'Ulum al-Wahy wa-al-Turath (al-Fiqh wa-Usuluhu)."--On t.p. Abstracts in English and Arabic. |
| Physical Description: | [x], 95 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] |