A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal
The relationship that exists between fatwa andijtihad, ijma’, Qiyas,istislah and istihsan is significant to the development of Shari‘ah. Although, the terms seem to be different in the actual sense, but sometimes they do overlap each other, as they all focus in achieving same goal. The paper real...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English English |
| Published: |
Serials Publications
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/42449/ http://irep.iium.edu.my/42449/ http://irep.iium.edu.my/42449/1/5-Magaji_Chiroma.pdf http://irep.iium.edu.my/42449/4/a_jurisprudential.pdf |
| Summary: | The relationship that exists between fatwa andijtihad, ijma’, Qiyas,istislah
and istihsan is significant to the development of Shari‘ah. Although, the
terms seem to be different in the actual sense, but sometimes they do overlap
each other, as they all focus in achieving same goal. The paper realized that
ijtihad, ijma’, Qiyas, istislah and istihsan could better be described as
methodology for arriving at an effective fatwa, than to be described as a
legal verdict per se. It is based on this, the paper also suggests that muftis,
while considering the importance of the above concepts to the role of fatwa in
the contemporary society, should expose their talents in explaining the maqasid
ash- Shari‘ah (objectives of Shari‘ah) based on the consideration ofmaslahah
(public interest) and mafsadah (mischief ) that may likely occur.
Fatwa, Ijtihad, Ijma’, Qiyas, Istislah, Istihsan, Jurisprudential
Overlap |
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