An overview of the principles of jurisprudence vis-a-vis legal maxims

Yahaya, Mohammad Zaini and Samsudin1, Muhammad Adib and Laluddin, Hayatullah (2014) An overview of the principles of jurisprudence vis-a-vis legal maxims. Asian Social Science, 10 (2). pp. 157-165. ISSN 1911-2025 (O), 1911-2017 (P)

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Abstract

The Principles of Jurisprudence (Usul al-Fiqh) is a well-known science in the field of Shari’ah. Almost all institutions in Malaysia offering Islamic Studies in the field of Shari’ah make The Principles of Jurisprudence as compulsory course that must be taken by each candidate. This is due to the Principles of Jurisprudence dealing with crucial matters such as al-Dalil al-Ijmali (Comprehensive Proof), istinbat (derivation of rulings from nas (text) and debates related to ijtihad (the exertion of the utmost effort by a trained jurist). This study using both descriptive and analytical methods concludes that the Science of the Principles of Jurisprudence is extremely important for it equip the researcher with a clearer and deeper understanding of the Arabic speech rather than its linguistic sense and superficial meaning. Hence, the Principles of Jurisprudence is an absolute requirement for proper understanding of the Shari’ah, hence, derivation of rulings.

Item Type:	Article (Journal)
Additional Information:	7096/40413
Uncontrolled Keywords:	The Principles of Jurisprudence (Usul al-Fiqh) is a well-known science in the field of Shari’ah. Almost all institutions in Malaysia offering Islamic Studies in the field of Shari’ah make The Principles of Jurisprudence as compulsory course that must be taken by each candidate. This is due to the Principles of Jurisprudence dealing with crucial matters such as al-Dalil al-Ijmali (Comprehensive Proof), istinbat (derivation of rulings from nas (text) and debates related to ijtihad (the exertion of the utmost effort by a trained jurist). This study using both descriptive and analytical methods concludes that the Science of the Principles of Jurisprudence is extremely important for it equip the researcher with a clearer and deeper understanding of the Arabic speech rather than its linguistic sense and superficial meaning. Hence, the Principles of Jurisprudence is an absolute requirement for proper understanding of the Shari’ah, hence, derivation of rulings.
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Economics and Management Sciences
Depositing User:	Hayatullah Laluddin
Date Deposited:	23 Jan 2015 15:32
Last Modified:	09 Sep 2015 10:34
URI:	http://irep.iium.edu.my/id/eprint/40413

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