رأي الطوفي في تقديم المصلحة على النص : دراسة تحليلية نقدية /
In this study conflicts of interest with texts of revelation (Shari'ah) in recent decades are the disputable issues raised. Some contemporary scholars prefer more interest (al- Maslaha) of the people than the texts of revelation in the event of conflict, and claim that the views of Imam al-Tufi...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2013
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8985 |
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| Summary: | In this study conflicts of interest with texts of revelation (Shari'ah) in recent decades are the disputable issues raised. Some contemporary scholars prefer more interest (al- Maslaha) of the people than the texts of revelation in the event of conflict, and claim that the views of Imam al-Tufi support their opinions. Unfortunately, it is wrong what they understand the views of Imam Imam al-Tufi. So, the doors are still open for further research and review. Therefore, this research seeks to gather possible opinions ofImam al-Tufi in relation to the preference of interest and subject it to both analytical and critical study in order to understand the views and objectives of Imam al-Tufi, besides the discussion of contemporary applications of interest and identifying the prevalent opinions relating to these matters with evidence. The research focuses on giving precedence to interest over religious texts according to Imam al-Tufi and some contemporary jurists (Mujtahidun) concerning these issues. The researcher used inductive, analytical and descriptive approaches to achieve the objectives of the study. Among the main findings of the study is that Imam al-Tufi gave precedence to interest over the religious texts in case they contradict with matters related to transactions (business) and conventions which is the intended purpose of Islamic Shari'ah. Imam al-Tufi discussed the consideration of interest and identified his view while commenting on one of Nawawi's hadith “La darar wala dirar” (aspect of giving priority to the prevention of harm in the face of interest). In a nutshell, Imam al-Tufi viewed interest as the primary source of Islamic Shari'ah, as well as being stronger than the religious texts and consensus. It is considered in all aspects save matters regarding worship and clear-cut religious injunctions. His views regarding the priority of interest over religious texts in the situation of conflict became popular among contemporary scholars and to counter anyone who would like to go against the effect of particular texts and claim that it runs contrary to the interest which Imam Al-Tufi gave preference to. This led to the misuse of interest at the expense of Islamic Shari'ah, bearing in mind that the texts intended by Imam al-Tufi is not a definitive one in terms of the two aspects (meaning and authenticity). |
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| Physical Description: | [xi], 134 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 120-134). |