Maʾālāt (consequences) and their uṣūlī maxims: a juristic applied study = المآلات وقواعدها الأصولية: دراسة فقهية تطبيقية
Since the entity of Islamic Sharīʽah is full of wisdom and goodness, it is pertinent for Muslims to contemplate their future, after learning from the past experiences and the knowledge of the present. By looking ahead, and at its complexity and preparing for it with the required sciences a...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English Arabic |
| Published: |
IIUM Press
2023
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/105889/7/105889_Published%20Ma%CA%BE%C4%81l%C4%81t%20%28Consequences%29%20and%20Their%20U%E1%B9%A3%C5%ABl%C4%AB%20Maxims%20A%20Juristic%20Applied%20Study.pdf http://irep.iium.edu.my/105889/1/%E2%88%9A%20Published%20Ma%CA%BE%C4%81l%C4%81t%20%28Consequences%29%20and%20Their%20U%E1%B9%A3%C5%ABl%C4%AB%20Maxims%20A%20Juristic%20Applied%20Study.pdf http://irep.iium.edu.my/105889/ http://journals.iium.edu.my/al-fiqh |
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| Institution: | Universiti Islam Antarabangsa Malaysia |
| Language: | English Arabic |
| Summary: | Since the entity of Islamic Sharīʽah is full of wisdom and
goodness, it is pertinent for Muslims to contemplate their
future, after learning from the past experiences and the
knowledge of the present. By looking ahead, and at its
complexity and preparing for it with the required sciences
and arts, a better society can be ensured. Hence the scholars
gave importance to the jurisprudence of ma’ālāt
(consequences), their uṣūlī maxims and applications in
various fields of Islamic jurisprudence. This study aims to
employ our Islamic knowledge of jurisprudence and its
principles, maqāṣid, as well as intellectual thought in
extracting the role of heritage, extrapolating the established
way of Allah and studying the reality carefully, that will
enable the contemplating of a better future for the Islamic
nation that will lead to achieving development and
prosperity. Therefore, the problem of research lies in the
difficulty to use the uṣūlī maxims and rules related to the
jurisprudence of the future regarding the new juristic
developments in different fields of Islamic law and
contemporary issues. In order to complete the research, the
researchers used the inductive analytical method by
extrapolating the established Sharīʽah texts to anticipate
and consider the role of ma’ālāt and then analyze those texts
to infer appropriate judgments based on facts. Among the
major findings of the research were: first, Islam prepared
man to look to the future and free him from the obstacles
of superstition, pessimism, volatility and astrology, and he
should not despair, and surrender; rather he should struggle
for, and stand by the truth. Secondly, the maxims of maʾālāt
are concerned with knowing the legitimate provisions
concerning the future and the possible actions of the
mukallafūn (legally responsible people) based on past
experience, understanding the reality and looking ahead
within the possible human ability. Thirdly, the Qur’ān was
concerned with establishing natural and societal ways of
Allah based on contemplating the future, the same way it
paid attention to the present by linking it with the past so
that the Muslim can be on a sound foundation regarding
his future. |
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