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

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

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Abstract

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

Item Type:	Article (Journal)
Additional Information:	6585/42449
Uncontrolled Keywords:	Fatwa, Ijtihad, Ijtima', Qiyas, Istislah, Istihsan, Jurisprudential overlap
Subjects:	K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Professor Abdul Haseeb Ansari
Date Deposited:	21 Apr 2015 15:26
Last Modified:	24 Aug 2015 23:41
URI:	http://irep.iium.edu.my/id/eprint/42449

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