This thesis is an attempt to study 'Abduh's methodological approach in Islamic legal theory, with particular reference to the concept of ijma'. Ijma' according to him, is not a matter of truth or falseness, as it has been viewed by the classical and medieval jurists, but rather it is a mechanism which must demonstrate a dynamic ability in dealing with new problems on the basis of the public interest (maslaha). In order to obtain a proper public interest in any matter, religious considerations alone are not sufficient, rather each matter must be considered from many different angles and disciplines such as sociology, the environment and politics. One should also take into consideration the fact that ijma' is not only an informal decision, as has the case after the Rashidun caliphate period, but that it has become part of the legal system of government and as such demands obedience from everybody. Not surprisingly, 'Abduh believed that ijma' should be carried out and regulated by the elected members of parliament. This thesis not only analyses the thoughts of Muhammad 'Abduh on this matter but also includes the thoughts of classical and medieval jurist, as well as the view of modern scholars such as Muhammad Iqbal, Kemal A. Faruki, Fazlur Rahman, Hasan Turabi.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.23234 |
| Date | January 1995 |
| Creators | Nasution, Khoiruddin |
| Contributors | Hallaq, Wael B. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Arts (Institute of Islamic Studies.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001475538, proquestno: MM07948, Theses scanned by UMI/ProQuest. |
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