Shari'ah assessment on conflict of laws within the Islamic schools of jurisprudence.

Conflict of laws within the Islamic Schools of Law is one of the most complex concerns in Islamic law. However, the conflicts between the four Imams of the Schools have occurred mostly based on the genesis of Ijtihad done by them. It is understood that the main reason of conflicts was the natural di...

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Main Authors:	Adam Sa'ad, Auwal, Abdul Haseeb, Ansari
Format:	Article
Language:	English
Published:	Serial Publication Private Limited India 2015
Subjects:	KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP480 Conflict of laws
Online Access:	http://irep.iium.edu.my/69125/ http://irep.iium.edu.my/69125/ http://irep.iium.edu.my/69125/8/69125-Shari%27ah%20Assessment%20on%20Conflict%20of%20Laws%20within%20the%20Islamic%20Schools%20of%20Jurisprudence.pdf

id	iium-69125
recordtype	eprints
spelling	iium-691252019-07-10T02:47:27Z http://irep.iium.edu.my/69125/ Shari'ah assessment on conflict of laws within the Islamic schools of jurisprudence. Adam Sa'ad, Auwal Abdul Haseeb, Ansari KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP480 Conflict of laws Conflict of laws within the Islamic Schools of Law is one of the most complex concerns in Islamic law. However, the conflicts between the four Imams of the Schools have occurred mostly based on the genesis of Ijtihad done by them. It is understood that the main reason of conflicts was the natural differences between the Imams, coupled with the methodological differences which occurred mostly based on the ecological diversity and periodic differences. Imam Abu Hanifah for example was brought up in Kufah Iraq, at the time when the Prophetic traditions were not easy to get. Therefore, the use of reasoning was emphasized while solving fiqhi issues within the School. For the rest of the Imams they were at the time when the publication in Hadith had started and the fatawah based on personal reasoning were reduced, and this has really contributed to the conflicts within the Islamic Schools. The paper discusses this and concludes that the best way to resolve dispute is directly resorting to the Qur’an and Sunnah of the Prophet (s.a.w) (Prophetic traditions). More efforts should be given to the authenticated traditions reported from the authentic collections of ahadith such as Bukhary, Muslim and some others to march the evidences with the fiqh for easier understanding which might help in reducing the dispute amongst the contemporary followers of the four Islamic Schools of Law. Serial Publication Private Limited India 2015-12-02 Article PeerReviewed application/pdf en http://irep.iium.edu.my/69125/8/69125-Shari%27ah%20Assessment%20on%20Conflict%20of%20Laws%20within%20the%20Islamic%20Schools%20of%20Jurisprudence.pdf Adam Sa'ad, Auwal and Abdul Haseeb, Ansari (2015) Shari'ah assessment on conflict of laws within the Islamic schools of jurisprudence. Journal of Islamic Law Review, 11 (2). pp. 223-245. ISSN 09732918 http://www.serialspublications.com/journals/journal-detail.php?jid=262
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP480 Conflict of laws
spellingShingle	KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP480 Conflict of laws Adam Sa'ad, Auwal Abdul Haseeb, Ansari Shari'ah assessment on conflict of laws within the Islamic schools of jurisprudence.
description	Conflict of laws within the Islamic Schools of Law is one of the most complex concerns in Islamic law. However, the conflicts between the four Imams of the Schools have occurred mostly based on the genesis of Ijtihad done by them. It is understood that the main reason of conflicts was the natural differences between the Imams, coupled with the methodological differences which occurred mostly based on the ecological diversity and periodic differences. Imam Abu Hanifah for example was brought up in Kufah Iraq, at the time when the Prophetic traditions were not easy to get. Therefore, the use of reasoning was emphasized while solving fiqhi issues within the School. For the rest of the Imams they were at the time when the publication in Hadith had started and the fatawah based on personal reasoning were reduced, and this has really contributed to the conflicts within the Islamic Schools. The paper discusses this and concludes that the best way to resolve dispute is directly resorting to the Qur’an and Sunnah of the Prophet (s.a.w) (Prophetic traditions). More efforts should be given to the authenticated traditions reported from the authentic collections of ahadith such as Bukhary, Muslim and some others to march the evidences with the fiqh for easier understanding which might help in reducing the dispute amongst the contemporary followers of the four Islamic Schools of Law.
format	Article
author	Adam Sa'ad, Auwal Abdul Haseeb, Ansari
author_facet	Adam Sa'ad, Auwal Abdul Haseeb, Ansari
author_sort	Adam Sa'ad, Auwal
title	Shari'ah assessment on conflict of laws within the Islamic schools of jurisprudence.
title_short	Shari'ah assessment on conflict of laws within the Islamic schools of jurisprudence.
title_full	Shari'ah assessment on conflict of laws within the Islamic schools of jurisprudence.
title_fullStr	Shari'ah assessment on conflict of laws within the Islamic schools of jurisprudence.
title_full_unstemmed	Shari'ah assessment on conflict of laws within the Islamic schools of jurisprudence.
title_sort	shari'ah assessment on conflict of laws within the islamic schools of jurisprudence.
publisher	Serial Publication Private Limited India
publishDate	2015
url	http://irep.iium.edu.my/69125/ http://irep.iium.edu.my/69125/ http://irep.iium.edu.my/69125/8/69125-Shari%27ah%20Assessment%20on%20Conflict%20of%20Laws%20within%20the%20Islamic%20Schools%20of%20Jurisprudence.pdf
first_indexed	2023-09-18T21:38:07Z
last_indexed	2023-09-18T21:38:07Z
_version_	1777412957671522304

Shari'ah assessment on conflict of laws within the Islamic schools of jurisprudence.

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