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...

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Main Authors:	Chiroma, Magaji, Arifin, Mahamad, Ansari, Abdul Haseeb, Abdullah, Mohamad Asmadi
Format:	Article
Language:	English English
Published:	Serials Publications 2015
Subjects:	KBP Islamic Law
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

id	iium-42449
recordtype	eprints
spelling	iium-424492015-08-24T15:41:59Z http://irep.iium.edu.my/42449/ A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohamad Asmadi KBP Islamic Law 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 Serials Publications 2015-04-04 Article PeerReviewed application/pdf en http://irep.iium.edu.my/42449/1/5-Magaji_Chiroma.pdf application/pdf en http://irep.iium.edu.my/42449/4/a_jurisprudential.pdf Chiroma, Magaji and Arifin, Mahamad and Ansari, Abdul Haseeb and Abdullah, Mohamad Asmadi (2015) A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal. Journal of Islamic Law Review, 10 (2). pp. 341-357. ISSN 0973-2918 http://www.serialsjournals.com
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohamad Asmadi A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal
description	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
format	Article
author	Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohamad Asmadi
author_facet	Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohamad Asmadi
author_sort	Chiroma, Magaji
title	A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal
title_short	A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal
title_full	A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal
title_fullStr	A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal
title_full_unstemmed	A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal
title_sort	jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal
publisher	Serials Publications
publishDate	2015
url	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
first_indexed	2023-09-18T21:00:31Z
last_indexed	2023-09-18T21:00:31Z
_version_	1777410591767396352

A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal

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