الاجتهاد الصوري:نظرياته وتطبيقاته

The higher learning institution had been putting emphasis on Sharia Education particularly in the teaching of Usul Fiqh due to its necessity in the current context. However, it is frequently questioned whether the institution is capable in producing a truly proficient and qualified mujtahid schol...

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Main Authors: أحمد نورصفوان بن نوراواوي, Ahmad Norsyafwan Bin Norawavi
Format: Thesis
Language:other
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Summary:The higher learning institution had been putting emphasis on Sharia Education particularly in the teaching of Usul Fiqh due to its necessity in the current context. However, it is frequently questioned whether the institution is capable in producing a truly proficient and qualified mujtahid scholars that will be able to meet the pressing current needs when the initial teaching of this subject did not implement practical based teaching system. Hence, due to this reason, the re-evaluation of the current teaching system is deemed necessary. In this thesis, the author proposes a new subject in the Sharia field that is based on moot court h e w o r k which is called Moot Ijtibad. To answer the question "why the Moot Court subject?", the Moot Court subject is a subject which is compulsory to all law students which contains practical components that allows students to act as lawyers in solving real law case scenarios using the theories that they've learnt in their classes. Therefore, the Moot Ijtihad subject which practices the principles of contemporary education had been proposed by the author as it will provide the Sharia students with the opportunity to practice the Ijtihad and also the process of issuing fatwa. In relation to this matter, the author will be using three key methods. The h t method is the descriptive method. It will investigate the truth of Usul Fiqh and the Moot Court subject and also collect the data related to contemporary teaching methods. Then, through the inductive method, in finding the solution to the main problem, the author will evaluate and probe the beliefs related to the subject matter which are the weaknesses of Usul Fiqh teaching. Last but not least, the third method is the deductive method. The author will collect and analyse the problem that arises until it can lead to the establishment of a new practical based subject which is named Moot Ijtihad. At the end of this study, the author will present the flow of the proposed subject and it is anticipated that this subject will fulfil the current needs for the ijtihad expertise and hopefully become an effective method in producing qualified mujtahid.