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Abū Ḥanīfah's concept of Qiyās (analogy)Yūsuf, Riḍwān Arẹmu. January 1981 (has links)
No description available.
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Four scholars on the authoritativeness of Sunnī juridical QiyāsHaram, Nissreen January 1988 (has links)
No description available.
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Four scholars on the authoritativeness of Sunnī juridical QiyāsHaram, Nissreen January 1988 (has links)
No description available.
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Abū Ḥanīfah's concept of Qiyās (analogy)Yūsuf, Riḍwān Arẹmu. January 1981 (has links)
No description available.
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Exploring the concept of conciliation (ṣulḥ) as a method of alternative dispute resolution in Islamic lawAllie, Shouket January 2020 (has links)
Magister Legum - LLM / This research will chart and navigate the early stages in the development,
conceptualisation, and formulation of Islāmic law and the concept of ṣulḥ as a
mechanism of legal redress in Islāmic law (Sharī’a). The research shows that firstly,
the mechanism is deeply rooted and embedded in scriptural (Qur’ānic) and extrascriptural text namely the corpus of Ḥadīth. There is a plethora of instructions to prove
that reconciliation is indeed a lofty goal which is rewarded as an act of worship. Like
many other aspects of the Sharī’a, ṣulḥ is regulated by provisions of the scripture and
extra-scriptural sources considered by Muslims as the (Sharī’a). Secondly ṣulḥ is also
the preferred method of alternative dispute resolution because it is fluid, contractual,
expeditious and one of the most effective ways of solving different types of disputes,
whether commercial or family. It has therefore gained considerable traction in modern
western financial industry which I think is largely due to its contractual nature and the
absence of the adversarial element. As a mechanism of redress, ṣulḥ is governed by
Islāmic law of contract which takes the form of an agreement which can be mutually
negotiated between two or more parties. Of late it has also become the mechanism of
choice in family and marital disputes.
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An annotated translation of the manuscript Irshad Al-MuqallidinʾInda Ikhtilaf Al-Mujtahidin (Advice to the laity when the juristconsults differ) by Abu Muhammad Al-Shaykh Sidiya Baba Ibn Al-Shaykh Al-Shinqiti Al-Itisha- I (D. 1921/1342) and a synopsis and commentary of its dominant themesGamieldien, Mogamad Faaik 06 1900 (has links)
Text in English and Arabic / In pre-colonial Africa, the Southwestern Sahara which includes
Mauritania, Mali and Senegal belonged to what was then referred to as
the Sudan and extended from the Atlantic seaboard to the Red Sea. The
advent of Islam and the Arabic language to West Africa in the 11th
century heralded an intellectual marathon whose literary output still
fascinates us today. At a time when Europe was emerging from the dark
ages and Africa was for most Europeans a terra incognita, indigenous
African scholars were composing treatises as diverse as mathematics,
agriculture and the Islamic sciences.
A twentieth century Mauritanian, Arabic monograph, Irshād al-
Muqallidīn ʿinda ikhtilāf al-Mujtahidīn1, written circa 1910/1332, by a
yet unknown Mauritanian jurist of the Mālikī School, Bāba bin al-Shaykh
Sīdī al- Shinqīṭī al-Ntishā-ī (d.1920/1342), a member of the muchacclaimed
Shinqīṭī fraternity of scholars, is a fine example of African
literary accomplishment.
This manuscript hereinafter referred to as the Irshād, is written within the
legal framework of Islamic jurisprudence (usūl al-fiqh). A science that
relies for the most part on the intellectual and interpretive competence of
the independent jurist, or mujtahid, in the application of the
methodologies employed in the extraction of legal norms from the
primary sources of the sharīʿah. The subject matter of the Irshād deals
with the question of juristic differences. Juristic differences invariably
arise when a mujtahid exercises his academic freedom to clarify or resolve
conundrums in the law and to postulate legal norms. Other independent
jurists (mujtahidūn) may posit different legal norms because of the
exercise of their individual interpretive skills. These differences, when
they are deemed juristically irreconcilable, are called ikhtilāfāt (pl. of
ikhtilāf).
The author of the Irshād explores a corollary of the ikhtilāf narrative and
posits the hypothesis that there ought not to be ikhtilāf in the sharīʿah.
The proposed research will comprise an annotated translation of the
monograph followed by a synopsis and commentary on its dominant
themes. / Religious Studies and Arabic / D. Litt. et Phil. (Islamic Studies)
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