التأسيس المقاصدي عند إمام الحرمين الجويني /
This study aims to highlight the foundational and intellectual aspects of the objectives of Shari'ah according to Imam al-Haramain. Thus, the study starts by analysing the terms that are relevant to Shari'ah objectives and reflect their meanings according to Imam al-Haramain. Moreover, the...
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
al-Jami'ah al-Islamiyah al-'Alamiyah bi-Maliziya,
2012
|
| Subjects: | |
| Online Access: | Click here to view 1st 24 pages of the thesis. Members can view fulltext at the specified PCs in the library. |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | This study aims to highlight the foundational and intellectual aspects of the objectives of Shari'ah according to Imam al-Haramain. Thus, the study starts by analysing the terms that are relevant to Shari'ah objectives and reflect their meanings according to Imam al-Haramain. Moreover, the study sheds light on the theoretical underpinnings used by Imam al-Haramain to categorize the objectives of the Shari'ah into (necessities, complementary requirements and embellishments) and to ascertain the foundations on which Imam al-Haramain built the objectives of the Shari'ah. The study also discusses the methods used to determine the objectives of the Shari'ah. Furthermore, it sheds light on Ijtihad based on Maqasid and its relationship with the concept of eloquence according to Imam al-Haramain. In addition, the study deliberates on the issue of Islamic leadership (Imamah) and its objectives, and the way of implementing the objectives of Shari'ah during a time in which they are absent and a lack of knowledgeable scholars exist coupled with the scarcity of knowledge concerning the details and foundations of Shari'ah. The purpose of this study is to exhibit the efficacy of Maqasid foundations in providing solutions to the issues and problems of the Muslim Ummah. The study employs the inductive and critical methodologies along with the descriptive and analytical methodologies. The findings of the study indicate that Imam al-Haramain was a pioneer in highlighting the terms of Maqasid, establishing the three categories of Maqasid and laying down the theoretical foundations for their rules. Among the methods of determining the objectives of Shari'ah that are used by Imam al-Haramain are establishing the origin of general rules and linking specifics to them; identifying the interests of Shari'ah and its objectives; and the use of reasoning to determine what is good and bad. Moreover, Imam al-Haramain was a pioneer in discussing and crystallizing the issues related to Ijtihad based on Maqasid. Furthermore, he was also a pioneer in discussing the way the objectives of Shari'ah should be applied during a time in which there is no Islamic leadership (Imamah), in which case reputable and knowledgeable scholars are tasked with this this duty. However, if no reputable and knowledgeable scholars are available, then the objectives of Shari'ah can be applied through the definite principles of Shari'ah commonly used by the Ummah, and if such principles are non-existent, then mental reasoning determines the application of the essential and needed objectives of Shari'ah. However, there would be no duty on the individual from the Shari'ah aspect, as there is no reward nor punishment for what is perceived through mind only. |
|---|---|
| Item Description: | Abstracts in English and Arabic. "بحث متطلب مقدم لنيل درجة الماجستير في علوم الوحي والتراث"--On title page. |
| Physical Description: | [xxix], 220 leaves ; 30 cm. |
| Bibliography: | Includes bibliographical references (leaves 207-220). |