ضوابط تصرف الإمام فى الإباحة فعلا وتركا : تطبيقات معاصرة
This study examines the rules guiding the act of an Imam on al-Ibahah (permissibility) by allowing and prohibiting it. Prior to the explanation of those rules, the study sheds light on the concept of al-Ibahah according to Muslim scholars by presenting their definitions and clarifying their preferen...
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| Format: | Thesis |
| Language: | Arabic |
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Gombak,Selangor :
Kulliyat Ma'arif al-Wahy wa-al-'Ulum al-Insaniyah, al-Jami'ah al-Islamiyah al-'Alamiyah,
2011
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| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9030 |
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| Summary: | This study examines the rules guiding the act of an Imam on al-Ibahah (permissibility) by allowing and prohibiting it. Prior to the explanation of those rules, the study sheds light on the concept of al-Ibahah according to Muslim scholars by presenting their definitions and clarifying their preference. Also, it identifies the divisions of al-Ibahah based on the scholars' discussion by pointing out the most apt. Furthermore, the study does not omit explanation on the Shari'ah wisdom and objective behind the legislation of al-Ibahah by clarifying the fundamental concept of taysir (facilitation) and raf'u al-haraj (easing of difficulty) and their connection with that wisdom. The study explains also the opinions of the scholars regarding the act of an Imam on al-Ibahah by explaining the rules guiding that act and the characteristic of the Imam who has the right to such an act; supported by evidences from the Qur'an and the Sunnah and the sayings of the scholars. It also sheds light on the historical context of the theory of emergency conditions in Islamic law and its detailed relationship with the act of an Imam on al-Ibahah by highlighting similarities and differences among them. The study concludes with a detailed explanation of the scholars' opinions, evidences, and the most preferred opinion relating to four cases of contemporary application in the act of an Imam on al-Ibahah in the areas of mu'amalat (transactions) and al-ahwal al-shakhsiyyah (personal case). These applications are on pricing, compulsion of undergoing medical test before marriage, specifying marriage's age and restricting polygamy by prevention. This study relies on the inductive method in collecting scholarly opinions and data related to the topic from various sources. It also depends on the comparative method in comparing different opinions in some of the case studies as well as the analytical method in analyzing those opinion and different views; by pointing out evidences from the Qur'an and Sunnah. |
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| Item Description: | Abstracts in English and Arabic. "بحث متطلب مقدّم لنيل درجة الماجستير في معارف الوحي والتراث (قسم الفقه وأصول الفقه)."--On t.p. |
| Physical Description: | ن، 140 leaves ; 30 cm. |
| Bibliography: | Includes bibliographical references (leaves 128-140) |