Principles Of Jurisprudence Research Articles

The methodology of Imam Al-Ghazali in quoting from the Holy Qur’an and the Sunnah through his book (Healing the Exalted in Explanation of Similarities, Imaginary and Paths of Explanation)

The Islamic law included many sciences, such as the science of principles of jurisprudence, which establishes the rules upon which the provisions of Islamic law are based. This science, like others, had scholars and researchers, among them Imam Al-Ghazali, who wrote several books in the science of principles of jurisprudence, one of these books (Shifa' Alghalil fi Bayan Alshabih Walmukhyl Wamasalak Altaelil). It is a beautiful book in its art, which encourages us to study the methodology of Imam Al-Ghazali in it. So, our research came tagged (the methodology of Imam Al-Ghazali in quoting from the Holy Qur'an and Sunnah through his book Shifa' Alghalil fi Bayan Alshabih Walmukhyl Wamasalak Altaelil) which dealt with the study of the general methodology of the book, and the methodology of the Imam in quoting from the Holy Qur'an and the Sunnah of the Prophet. The addition came in the knowledge of the methodology in quoting Quranic verses and the hadiths of the Prophet. It also opened the door to deal with further research and study with the book.

An Islamic Bioethics Framework to Justify the At-risk Adolescents' Regulations on Access to Key Reproductive Health Services.

Adolescent sexuality is one of the most important reproductive health issues that confronts healthcare professionals with moral dilemmas and legal issues. In this study, we aim to justify the at-risk adolescents' regulations on access to key reproductive health services (KRHSs) based on principles of Islamic biomedical ethics and jurisprudence. Despite the illegitimacy and prohibition of sexuality for both girls and boys in Islamic communities, in this study, using 5 principles or universal rules of purpose; certainty, no-harm; necessity; and custom, we argue that first, applying these principles in the context of theno-harm principle can provide the best interests of at-risk adolescents; second, it is permissible to provide KRHSs to these adolescents with their own assent, as long as necessary, only with the intention of preventing or reducing harm. In this framework, while preventing harm, it tries to provide the best interests of at-risk adolescent. Thus, the principle of no-harm requires that the government, by designating the responsibility to healthcare professionals, protects at-risk adolescents from harm, and obliges these professionals to choose and implement the option that best suits adolescents' interests.

RES JUDICATA Principle in Jurisprudence of the Supreme Court in Commercial Cases

RES JUDICATA Principle in Jurisprudence of the Supreme Court in Commercial Cases

A Comparative Talk on Women Era

In the original philosophy of Mahatma Gandhi the proverbial principle is to “see no evil, hear no evil, and speak no evil”. Probably a fourth monkey should have been shown with crossing his arms as to convey “do no evil” or “do nothing”. Looking it in other way would mean, refusing to acknowledge it or feigning ignorance. It seems that in the present scenario with reference to Women era, gives us a feeling to have a relook at the three wise monkeys in a manner as shown above. The principles of jurisprudence are not confined to the texts in Sanskrit. Manu attests that custom is the foremost basis of jurisprudence. Customary law delimits Brahamnic legal theory. And customs differ according to districts, towns, castes guilds and corporations. Manu asserts the precedence of provincial custom. The Dharma Shastras are the pre-eminent Hindu legal texts written in Sanskrit, excerpts of which were translated into the early Javanese and Khmer languages. Niti i.e. Justice, is based on Dharma, which is moral law in these works. The term dharma may be traced from the root word dhr which means sustains or supports. The expressesion seems to have a wide range of meaning. It signifies the prudence of highest virtue to human welfare. We know how to swim In water like fishes We know how to fly In air like birds But we do not know how to Live on earth like human beings. Alexander Selkirk

The concept of human interest in jurisprudential principles: Al-qaffal al-shashi's approach

The concept of human interest in jurisprudential principles: Al-qaffal al-shashi's approach

Уголовно-правовые аспекты профилактической деятельности в условиях «новой нормальности»

The article proposes an introduction to the scientific and practical use of the term “new normality”, which is understood as a set of behaviors that traditionally and consistently contradicted the principles of jurisprudence and moral norms, but have now become widespread, and, due to repeated non-judgmental repetition, are gradually being fixed in the public consciousness and practice as a norm. In the course of a specific criminological study, the authors come to the conclusion that the novels of the “new normality” have become widely used at the stage of prevention of criminal law norms, although their general and special prevention is already in effect when a crime has been committed and the perpetrator has been criminally punished. In addition, this stage involves the elimination of the causes and conditions that contribute to the crime, and currently a prohibitive and restrictive approach to the turnover of objects or instruments of crimes and accidents prevails. The authors note that the lawmaking of the “new normality” period is very contradictory and, on the one hand, unreasonably overestimates the level of criminal legal potential; on the other hand, it also unreasonably softens the criminal legal assessment of some acts. The authors note that when planning preventive work, it should be assumed that suicides of minors and numerous previously unknown acts of violence by young people (beatings of peers and elementary school students with video recording and subsequent posting on the Internet, similar actions with brutal killings of animals, shootings with the police, murders and stabbings in schools followed by perpetrators' suicide) are based on internal causes of modern Russian society: alienation of an individual, indifference to each other, dissatisfaction with their position, social frustration, coarsening of morals, aggression and violence, unprecedented stratification of society according to material and power characteristics that replaced the Marxian division of society into classes in connection with the attitude to ownership of the means of production, selective operation of the law, lack of justice.

اصول، قواعد، فروق اور ضوابط فقہ کے مفاہیم Interpretations of Principles, Legal Maxims, Differences and Laws of Islamic Jurisprudence

Islamic Jurisprudence deals with the orders of the applied command regarding the unlimited problems of mankind۔ Emergence of new issues with the passage of time in Further edition to it. For the solution to these problems and issues, the Scholars of Islamic jurisprudence have chalked out certain rules and regulations. Proper Arrangements, Understanding, and control of the prevailing issues become possible due to these rules and the work of derivation of the problems also becomes easy. These principles are called Usul Al-Fiqh (Principles of Islamic Jurisprudence) and Al-Quaa`id Al Fiqhiyyah (Legal maxims) and Dawabit-e-Fiqh (Laws of Fiqh). These are foundations of Islamic Jurisprudence, which provides modes and sources for the jurists to seek appropriate legal rules for any problem and issue. In the given article the structure and origin of these legal maxims, principles of Islamic Jurisprudence, and laws of Fiqh are discussed. As well as their difference from each other and their scholastic and technical importance have been discussed.

Hanefî Hadis Anlayışındaki Muhteva Tenkidi Kriterlerinin Ebû Hanife'ye Nispeti

Abū Hanīfa Numan b. Sabit is a leading Islamic scholar who lived between the late first and the mid-second century Hijri, (the eighth and ninth centuries A.D.). Except for the six years he spent in the Hejaz, where he performed the Hajj (Muslim pilgrimage), he spent his entire life in Iraq (born in 80 Hijri in Kufa and died in Hijri 150 in Baghdad). The age in which Abū Hanīfa lived is critical for the history of Islamic science, in terms of time and environment. It is a period in which Muslims transitioned from oral tradition to written one, and the hadīths of the Prophet, as well as the views of his Companions and the followers, were recorded, and thus the first forms of Islamic classical sources were formed. The intellectual approach of the Companions who settled there, especially that of ʿAbd Allāh b. Masʿūd, was one of the key factors contribu-ting to the scholarly vitality in Kufa. Abū Hanīfa is a madhab (Islamic school of law) imam who stands out by his considering the “illa and maqasid” (purpose and intention) , along with the general principles and bases in the naṣṣ (in Islamic law to refer to an explicit statement within the Quran or hadith, rather than apparent meanings, due to the influence of the environment in which he lived and the tradition of science in which he was raised. Because of such characteris-tics, he faced criticism while he was still alive. However, his method was adopted and followed by his students that he educated in his fiqh (Islamic jurisprudence) academy. In their works Abū Yūsuf (d. 182/798) and Imam Muhammad (d. 189/805) provided an overview of the perspecti-ves of Abū Hanīfa and his companions on furū al-fiqh (branches of Islamic jurisprudence). However, neither the works of Abū Hanīfa nor those of his students about their understanding of usūl have survived to the present day. Yet, this does not mean that the imams in question did not adopt any methods in their idjtihāds (judgement to deduce a law or rule in Islam). The usūl (principle) they followed while making judgements from the verses and hadīths was deduced by later Hanafī scholars through takhrīj (the method of determining the original sources), based on the provisions in the works written about furū al-fiqh (branches). Thus, they not only tried to show that the provisions adopted by the madhab are based on solid principles but also pre-vented the criticisms against the madhab. In this respect, the understanding of the Hanafī usūl could be said to have a close connection with the science of khilāf and jadal (the science of dis-pute and discussion between the muslim jurisprudents). The views of Abū Hanīfa and his com-panions on accepting and rejecting hadīths are discussed in detail in the sections about Sunnah (the Prophetic tradition) in Hanafī principles of jurisprudence. In the Hanafī usūl, the interrup-tion in the sanad (chain of hadith) of the narrations is classified into two categories: literal (zāhirī) and hidden (batini) interruption. The former refers to the disconnection that is apparent in the narration, whereas the latter is the critical appraisal criteria mentioned as content apprai-sal in the title of the of this study, and it means the criticism of the narrations by presenting them to the evidence called aṣl (principal). The Hanafīs think that khabar al-āhād cannot be accepted in the following four cases: If it conflicts with a provision in the Qurʾān, if it declares a judgment contrary to a well-known Sunnah; in the event that the khabar al-wāhid (solitary re-port) is transmitted from a single Companion although the issue in question is something that everyone should know (umūm al-balwā), and finally if it is determined that the Companions did not act upon the decree of the khabar al-wāhid even though they were aware of it. The Hanafī usūl scholars did not hesitate to attribute these appraisal criteria they obtained through takhrīj, regarding both the sanad and the text of the narrations to Abū Hanīfa. As noted in the present study, the sources of fiqh mention the opinions conveyed by Abū Hanīfa himself regarding the first two criteria; that is, the verification of the khabar with the Qurʾān and the famous Sunnah. Although Abū Hanīfa did not directly mentioned the verification of khabar al-āhād through umūm al-balwā and through the practice of the Companions, these principles, which were de-duced from the classical Hanafī sources through takhrīj, were normally used by Abū Hanīfa and his companions. This study discusses this issue based on evidence from narrations.

Principles of Positivist Jurisprudence in the Teachings of Warsaw Lawyers of the First Third of the XIX Century

The article is devoted to the extremely rich and insufficiently studied heritage of Polish legal thought. The political and geographical determinants of the chosen research topic are the restoration of statehood in central Polish lands in 1807 (Duchy of Warsaw and the Kingdom of Poland) and the defeat of the November Uprising (1830-1831) followed by measures taken by the Russian authorities to limit the autonomy of the Kingdom of Poland. The intellectual milestones are the founding of the School of Law in 1807 (later the Faculty of Law of the University of Warsaw), and the closure of the University of Warsaw in 1831, as well as the significant emigration of scientists in the same year and the liquidation of the Society of Friends of Science in 1832. The intellectual milestones are also European (and first of all Central European) processes of legal thought evolution in the second half of the XVIII – first third of the XIX century, which led to the formation of the first and still insufficiently understood and studied positivism in jurisprudence, being a profound phenomenon that reveals the essence of positivism in legal thought in general.
 The study found that the basic principle of jurisprudence in the vision of most Warsaw scholars during the study period was its independence from a priori and metaphysical philosophizing, and vice versa, the formation of its own philosophical and legal discourse (philosophy of positive law) based on generalization and understanding of research results. It was recognized that legal science should be a fundamentally new system of legal knowledge – positivist and social. Recognizing the historical and modern pluralism of such an organization of knowledge, Warsaw scholars have unequivocally identified themselves with the Central European jurisprudence, the core of which is the German. Warsaw scholars believed that jurisprudence was based on historical, dogmatic and philosophical approaches. Accordingly, they considered three relatively separate areas of scientific knowledge, which together can be considered as a single legal science or a system of interrelated legal sciences. Depending on the emphasis in the views of scholars on the fundamental or applied side of legal science, this system was seen differently, as well as the subject of jurisprudence – universal or more national. It can be argued that this to some extent correlated with the predominance in the views of certain scholars of the principles of historical-philosophical or historical schools.

Jurisprudential and Legal Analysis of Criminal's Satisfaction in Article 384 of the Islamic Penal Code enacted in 1392 HS

Legislation is very serious and precise, especially where a human soul is involved. According to Article 384 of the Islamic Penal Code; if one person intentionally kills two or more people and the blood avengers of all the slain want Qiṣāṣ, the murderer will be retaliated without paying Diya. If the blood avengers of some of the victims want Qiṣāṣ and the blood avengers of the victim or other victims want blood money, if the murderer agrees to pay them blood money in exchange for their Qiṣāṣ, their blood money will be paid from the murderer's property and without the murderer's consent, they do not have the right to take blood money from him or his property. The point to consider in this legal article is that the payment of Diya from the property of the criminal to the victim is bound to the consent of the criminal. The basis of this opinion of the legislator is the opinion of some jurists. The present article in a descriptive-analytical research, with a problem-oriented view, follows the legal study of criminal’s satisfaction in this legal article and the analysis and critique of its jurisprudential principles. One of the most important findings of the study is that the discussion of criminal’s satisfaction in Article 384 of the Islamic Penal Code needs to be reviewed and revised by the legislator because it is incompatible with the rule of justice, the rule of “The blood of Muslim is not wasted”, the rule of obligation to save lives and other jurisprudential rules.

Jurisprudential principles of out of agreement requirements in labor Contracts

Jurisprudential principles of out of agreement requirements in labor Contracts

The principle of proportionality and strict liability of football clubs for the behavior of spectators at UEFA competitions

The subject. This article is devoted to the content of the principle of proportionality in disputes about the strict liability of football clubs for the behavior of spectators. The proportionality means that the sanction corresponds to the offense and it has two dimensions. Firstly, the more serious the offense is the higher the sanction should be. Secondly, proportionality protects sport from unreasonably low sanctions while the violation is serious.The purpose of the study is the content of the principle of proportionality: the use of related principles of sports jurisprudence, exceptional circumstances (mitigating and aggravating) in the practice of applying clubs` strict liability for spectators` behavior in UEFA competitions over the period 2007-2021. Liability without fault increases the value of investigating the factual circumstances of a dispute. The broad discretion of the bodies raises the question of the validity of the choice of aggravating circumstances or the refusal of mitigating circumstances. Therefore, the jurisdictional authority in each specific dispute must search for exceptional circumstances thereby fulfilling the principle of proportionality. The second important nuance of strict liability in the UEFA regulations is the difference in the interconnection between violations and sanctions. In some articles, the sanction is predetermined. It is possible to reduce such a sanction only in the presence of an exceptional circumstance and to increase it in the presence of an aggravating circumstance. Separately considered, in conjunction with the principle of proportionality, other principles: principles of predictability of sanctions, equal treatment, the precedent value of decisions on similar disputes (stare decisis).Methodology. The methodological basis of the stated research involves the generalization and analysis of the practice of two institutions of sports jurisprudence. Firstly, the jurisdictional bodies of UEFA are publicly available, as well as available to the author, but currently not available for free download on the UEFA website. Secondly, the relevant decisions of the Court of Arbitration for Sport are in the public domain. Turning to the approaches of law enforcement officers regarding the content of the principle of proportionality meant comparing positions that did not differ in inconsistency. As a result of the analysis of the practice were systematized and identified typical exceptional circumstances, unique exceptional circumstances, and specific enforcement of the principle of proportionality.The main results of research and the field of their application. The article examined the normative limits of sanctions in the UEFA Disciplinary Regulations; exceptional circumstances affecting the choice of sanction; search by the law enforcement officer of the content of exceptional circumstances; principles of predictability of sanctions, equal treatment, the precedent value of decisions on similar disputes (stare decisis) in connection with the verification of sanctions for proportionality. Compliance with the principle of proportionality, in this case, should protect the club from an unreasonably harsh and grossly disproportional sanction. Therefore, it is important to analyze the factual circumstances: which of them are mitigating and which are aggravating. In other categories of offenses, the sanction remains at the discretion of the jurisdictional authority. In such violations, the principle of proportionality takes on a special value. The more flexibility in the choice of sanction is, the higher is the risk of abuse by the jurisdictional bodes. UEFA`s enforcement practice is seeking exceptional circumstances that are not consistent enough to be predictable. Some consistency exists only concerning aggravating circumstances. There is an unreasonably strict approach to mitigating circumstances. The practice of CAS does not differ from the practice of UEFA in terms of strict liability compositions. The principle of proportionality in sports jurisprudence can be interconnected with other legal concepts. Such concepts are equal treatment, predictability, and so-called stare decisis.Conclusions. For the slightly undisputed observance of the principle of proportionality, several requirements must be fulfilled. First, analyze the factual circumstances to find exceptional circumstances among them. Secondly, always choose the minimum sanction in the absence of aggravating circumstances, since strict liability is a forced legal institution. Thirdly, indicate in the decisions what circumstances are mitigating, what aggravating circumstances have been established, and how they both affect the choice of a sanction. Fourth, use the previous decisions of the UEFA`s jurisdictional bodies and CAS of the strict liability offenses when the actual circumstances are close.

Examples of the Application of Jurisprudence of Precaution in the Holy Quran

هذه الدراسة بعنوان : نماذج مختارة من تطبيقات فقه الاحتياط في القرآن الكريم ، تبحث عن مدى تأثير القاعدة المذكورة في الأحكام الفقهية المستنبطة في القرآن الكريم في باب العبادات والمعاملات والأحوال الشخصية .
 وعليه بنيتُ الدراسة على ثلاثة مباحث ، حيث تناولتُ في المبحث الأول التعريف بمصطلحات الموضوع ، وخصصتُ المبحث الثاني لبيان نمازج من تطبيقات فقه الاحتياط في القرآن الكريم في باب العبادات ، وأما المبحث الثالث فجعلته لبعض التطبيقات لقاعدة الاحتياط في القرآن الكريم في بابي المعاملات والأحوال الشخصية .
 توصلت الدراسة إلى نتائج أهمها أنّ قاعدة الاحتياط أصل تضافرت الأدلة الشرعية على اعتبارها والأخذ بها ، ولا يكاد باب من أبواب الفقه يخلو منها ، لذلك فهي مسلك كثير من العلماء في كثير من الأحكام ، كما أوصت الدراسة بضرورة اهتمام المفتين بقاعدة الاحتياط في زمن كثرفيه الفتن والتهاون في الدين .
 
 پوختە
 ئەم توێژینەوەیە بەناونیشانی: (چەند نموونەیەکی هەڵبژێردراو لەسەر جێبەجێکی فیقهی ئیحتیات لەقورئانی پێرۆزدا) ، دەکۆڵێتەوە لەڕێژەی کاریگەری یاسای ئيحتيات بەسەر ئەحکامە فیقهیەکانەوە ئەوانەی کەهەڵهێنجراون لەقورئانی پیرۆز لەبەشی عیبادەت ومامەڵە وباری کەسیەتیدا .
 لەسەر ئەم بنەمایە ئەم توێژینەوەم دابەش کردووە بەسەر سێ بەشدا ، بەشێوەیەك لەبەشی یەکەم دا پێناسەی دەستەواژەکانی ناونیشانی بابەتەکەم کردووە ، وبەشی دووەمم تایبەت کردووە بەڕوونکردنەوەی هەندێ بابەتی فیقهی بەرمەبنای یاسای ناوبراو لەقورئانی پیرۆزدا لەبەشی عیبادەتدا ، وهەرچی بەشی سێیەمیشە دامناوە بۆ هەندێ بابەتی فیقهی تر کە هەڵهێنجراون لەیاسای ئيحتيات لەقورئانی پیرۆزدا لەبەشی ومامەڵە وباری کەسیەتیدا.
 توێژینەوەکە گەیشتووە بەچەند دەرەنجامێك گرنگترینیان ئەوەیە یاسای ئيحتيات بنەمایەکە چەندان بەڵگەی شەرعی دەبنە گەواهی دەر لەسەر کارپێکردنی ، بەئەندازەیەك کەم بابەتی فیقهی هەیە تیایدا کار بەم یاسایە نەکرێت ، هەر بۆیە زۆر لەزانایان کاریان پێ کردووە لەزۆر لەئەحکامەکاندا ، هەروەك ئەم توێژینەوە بەپێویستی دازانێت کەسانی موفتی گرنگی بە یاسای ئيحتيات بدەن لەسەردەمێکدا کەفیتنەو شل ڕەوی لەدیندا زۆر بووە .

Bringing the Mixed Constitution Back In

No doubt exists that the separation of powers is a fundamental architectural principle in Canadian public law jurisprudence. But what about the idea of a mixed constitution? A simple CanLII search for “mixed constitution” turns up six cases. In five1 of these cases, the search reveals the following phrases: “pre-mix constituted goods,” “the mix constituting the excavated material,” “the Owners’ mixes constitute ‘bread and rolls’,” “the improper mixing constituted a fraudulent misrepresentation,” and “quality control for the asphalt mix constituted.” Clearly baking and aggregate blends figure largely in constituted mixes, but the constitutional jurisprudential sense is largely absent. That said, concerns about pre-mixing, constituted goods, excavating, improper mixing, and quality control do have some salience for the discussion that follows.

Research Title (Perceptions of the Practical Mind in Contemporary Fundamental Research for the Imamiyyah)

The issue of the practical mind is a clear landmark as it formed a common element in both philosophy, theology and the principles of jurisprudence, and this issue is the cognitive field that relates to human actions and behavior, what should be done and what should not. Within the folds of the research that dealt with the recognition of the sovereignty of the mind and its ability to rule in isolation from the law, two paths appeared in the fundamentalist thought. The independent objective of these perceptions, and that their existence is not a consideration of the mind and this is what the mental school adopts. It should be noted that the two paths are based on rationality and ugliness, noting that they are a branch of the rule of reason and its independence in ruling apart from Sharia, and thus the size of the distance between the two paths becomes clear. Keywords: the nature of the mind, divisions of the mind, perceptions of the practical mind.

Analysis of Theories of Educational Jurisprudence and International Law Regarding the Cloned Child

Proponents of educational jurisprudence in Iran believe that the principles of jurisprudence can be used in various fields of educational sciences, including the process of childbirth. One of the new scientific phenomena and development is the birth of a simulated child and the explanation of behavioral and educational dimensions and challenges of this method of birth. The purpose of the present study was to analyze the perspectives of educational jurists and international law regarding the simulated child. The research method is a comparative qualitative using systematic review approach. The research population included all studies that were published in the period 2000-2020. Boolean strategy was used to select the research sample and systematic review method - Kitchenham & Charters approach - was used for data analysis. The first research finding reveals that there is a difference between the opinions of the two groups in eight components and similarities in five dimensions. The unpredictable consequences of human simulation, threat to the family system, attention to the rights of the simulated child, and the preference of therapeutic simulation over productive simulation form the common denominator of educational jurists with the laws of international organizations. Dimensions such as the ideological basis of human status, the origin of the right to human health, the ideological basis of human consent to participate in the simulation process or the religion of the simulated person are mainly indicative of theoretical differences between the two groups. The research findings also indicated that educational jurists in Iran are more controversial than the international community on issues such as attention to the role of parents, relationship with Mahrams or Non-mahrams, and the rights of the child simulated in terms of custody, inheritance and blood money. It seems that educational systems same as religious and legal systems, must inevitably prepare themselves for the reception of simulated children in educational settings.

The fair remuneration of wife's work in Afghanistan law and the effectiveness of the laws to achieve it

The fair remuneration of wife work at home is recognized as one of his financial rights in the Afghanistan laws and can be claimed under certain conditions. The current research analyzes the concept, its legal basis, conditions and performance guarantees. Studies show that some conditions of The fair remuneration of the wife's work, Such as the condition of order of the couple and no intention to donate is in such a way that proving it is very difficult due to the special features of cohabitation and actually leads to the deprivation of women of this right, to facilitate this, an alternative offer has been proposed. Moreover, according to the law of personal status of Shiites, the fair remuneration in terms of time is considered only after the divorce or death of the couple, while this restriction does not be defended and supported by the rules and principles of jurisprudence and law and seems to need be revised and corrected.

URDU: 'احکام القرآن 'اور 'الفصول فی الاصول' از امام ابوبکر جصّاصؒ کا اسلوب و منہج

Books of Imām Abu Bakr Ahmad Bin Ali Al-Rāzi Al-Jaṣṣāṣ Hanafi (RA) (305-370 A.H) especially his juritic encyclopedic Tafsīr “Aḥkām-ul-Qur’ān” and its preface “Al-faṣūl-fil-Uṣūl” are included among the last compilations written after his accession to Hanafī throne. These books are an extract of his lifelong experiences and many important reference sources. On the whole, besides the commands and problems of Fiqh with its principles of jurisprudence, Ahkām-ul-Qur’ān and Al-Faṣūl-fil-Uṣūl encompass multiple sciences and artistic values like sciences of Hadith, dictionary, grammar, notation, poetry, eloquence, logic, philosophy, history, discussion or contest and criticism, etc. These sciences are collectively required for juristic deduction from the Qur’ānic and Ahādīth texts. However, this has transformed Tafsīr book into an encyclopedia of different sciences. This aspect reflects the methodology of many precedent scholars, prevalent in the comprehensive writings of that time.

منصوص وغیر منصوص ادلہ فقہائے کرام کی آرا کی روشنی میں

According to the principles of Islamic jurisprudence "Argument" is the source with which we reach the Islamic command after valid thinking and consideration. The source of Islamic jurisprudence is known as “Adilatil ahkam (ادلۃ الاحکام). According to Mulana Taqi Ameeni these sources are twelve in number. There are three kinds of these sources. One kind of these sources is that on which all Muslims and their Mujtahedeens are agreed. These sources are Quran and Sunnah. The second kind of these sources is that on which majority of Muslim Imams are agreed. These are Ijma and Qias. The third kind of these sources is that on which religious scholars are different. According to some Islamic scholars Istehsan, masalah mursala, urf,Taamul e Madina are independent sources of Islamic jurisprudence. But some religious scholars did not consider them as a source of Islamic Jurisprudence. So, this research work shows that what is the importance of these sources in the views of four imams of Islamic fiqh.

Local Wisdom of Tahlīl and Tunggu Kubur Practices in Death Custom among The Malays in Malaysia

Custom plays a significant role in any organised community as well as in the building of mutual harmony and avoiding conflicts. The establishment of a custom is the result from the interaction between the wisdom of the local intellectuals and its environment to meet the needs of the local community. The Malay community is a group that is rich with traditions, ranging from the birth customs, marriage and death. Basically, in the practice of the Malay customs there exists two polemics in which forms two opposing schools of thought. First is the fundamentalist that rejects most local customary practices. Second, is the traditionalist as they only accept the valid customs practised in society and reject invalid customs. These opposing views can be seen in various customary practices, for example in the death custom or ceremonies such as tahlīl (recital ceremony for the deceased), talqīn (recital for the deceased during burial), and tunggu kubur (grave waiting). Therefore, this study focuses on exploring the practice of tahlīl (recital ceremony for the dead) and tunggu kubur (grave waiting) through the concept of the local wisdom from the perspective of the principles of Islamic jurisprudence. To achieve these objectives, this study deploys an eclectic approach and interview method. The collected qualitative data were analysed thematically. The results of the study showed that there are elements of local wisdom behind these practices. In the Malay community, tahlīl (recital ceremony for the deceased) is a form of psychological and emotional support as well as a communal approach to the family of the deceased while the practice of tunggu kubur (grave waiting) is an approach to protect the burried corpses from thefts and mystical activities. Therefore, the local wisdom implied behind the practices are valid and hence, included in the category of accepted customary practices.