قاعدة "العادة محكمة" وتطبيقاتها في الفقه الإسلامي : الضوابط والمعالم في دراسة منهجية لتأصيل تطبيقها عند المذهبين الحنفي والشافعي /
This study discusses the conditions and the criteria that must be fulfilled in the application of 'Urf ( custom ) in Islamic law, particularly in the Fiqh of the Hanafi and Shafi'i mazhabs. It also identifies the areas of agreement and disagreement of both mazhabs on the application of �...
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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,
1998
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/10078 |
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| Summary: | This study discusses the conditions and the criteria that must be fulfilled in the application of 'Urf ( custom ) in Islamic law, particularly in the Fiqh of the Hanafi and Shafi'i mazhabs. It also identifies the areas of agreement and disagreement of both mazhabs on the application of 'Urf (custom). The study adopts historical and analytical methods. The thesis is based upon library research, and relied upon books dealing with the two mazhabs as well as other relevant publications. The study concluded that both the Hanafi and Shafi'i mazhabs accept 'urf as one of the sources of law under certain conditions, among them that the 'urf should not be against the teachings of the Qur'an and Hadith or against the spirit of the Shari'ah, and that the 'U,f has been widely practiced in the community. The use of 'Urf as a source oflaw, has been accepted in several areas of the Shari'ah especially in Fiqh Mu 'amalah. |
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| Item Description: | Abstracts in English and Arabic.
"بحث تكميلي لنيل درجة الماجستير في علوم الوحي والتراث (الفقه وأصول الفقه)."--On title page. |
| Physical Description: | [vi], 129 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 122-129). |