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On Legal Theory Of Muslim Jurisprudence
Al-mustasfa min 'ilm al-usul () or On Legal theory of Muslim Jurisprudence is a 12th-century treatise written by Abū Ḥāmid Muḥammad ibn Muḥammad al-Ghazali (Q.S). While Ghazali was deeply involved in tasawwuf and kalam, Islamic law and jurisprudence formed the core of his concerns. Structure Most of Ghazali's activity was in the field of jurisprudence and theology. He completed this book towards the end of his life. The book described: The Sharia rules The Sharia rules were further categorized into following: * The Essence of the Rules * The Categories of the Rules * The Constituents of the Rules The Sources of the rules The Sources of the rules included: * The First Principal Sources (Quran and The Book of Abrogation) * The Second Principal Sources ( Sunnah) * The Third Principal Sources (Ijma) * The Fourth Principal Sources ( Rational Proof and Istishab Istishab ( ar, استصحاب ) is an Islamic term used in the jurisprudence to denote the principle of the ...
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Al-Ghazali
Al-Ghazali ( – 19 December 1111; ), full name (), and known in Persian-speaking countries as Imam Muhammad-i Ghazali (Persian: امام محمد غزالی) or in Medieval Europe by the Latinized as Algazelus or Algazel, was a Persian polymath. He is known as one of the most prominent and influential philosophers, theologians, jurists, logicians and mystics of the Islamic Golden Age.Ludwig W. Adamec (2009), ''Historical Dictionary of Islam'', p.109. Scarecrow Press. . He is considered to be the 5th century's ''mujaddid'',William Montgomery Watt, ''Al-Ghazali: The Muslim Intellectual'', p. 180. Edinburgh: Edinburgh University Press, 1963. a renewer of the faith, who, according to the prophetic hadith, appears once every 100 years to restore the faith of the Islamic community. His works were so highly acclaimed by his contemporaries that al-Ghazali was awarded the honorific title "Proof of Islam" ('' Ḥujjat al-Islām'').Hunt Janin, ''The Pursuit of Learning in the Islamic Wor ...
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Quran
The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, God. It is organized in 114 surah, chapters (pl.: , sing.: ), which consist of āyah, verses (pl.: , sing.: , construct case, cons.: ). In addition to its religious significance, it is widely regarded as the finest work in Arabic literature, and has significantly influenced the Arabic language. Muslims believe that the Quran was orally revealed by God to the Khatam an-Nabiyyin, final prophet, Muhammad in Islam, Muhammad, through the archangel Gabriel incrementally over a period of some 23 years, beginning in the month of Ramadan, when Muhammad was 40; and concluding in 632, the year of his death. Muslims regard the Quran as Muhammad's most important miracle; a proof of his prophethood; and the culmination of a series of divine message ...
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Books About Islamic Jurisprudence
A book is a medium for recording information in the form of writing or images, typically composed of many pages (made of papyrus, parchment, vellum, or paper) bound together and protected by a cover. The technical term for this physical arrangement is ''codex'' (plural, ''codices''). In the history of hand-held physical supports for extended written compositions or records, the codex replaces its predecessor, the scroll. A single sheet in a codex is a leaf and each side of a leaf is a page. As an intellectual object, a book is prototypically a composition of such great length that it takes a considerable investment of time to compose and still considered as an investment of time to read. In a restricted sense, a book is a self-sufficient section or part of a longer composition, a usage reflecting that, in antiquity, long works had to be written on several scrolls and each scroll had to be identified by the book it contained. Each part of Aristotle's ''Physics'' is called a bo ...
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Books By Al-Ghazali
A book is a medium for recording information in the form of writing or images, typically composed of many pages (made of papyrus, parchment, vellum, or paper) bound together and protected by a cover. The technical term for this physical arrangement is ''codex'' (plural, ''codices''). In the history of hand-held physical supports for extended written compositions or records, the codex replaces its predecessor, the scroll. A single sheet in a codex is a leaf and each side of a leaf is a page. As an intellectual object, a book is prototypically a composition of such great length that it takes a considerable investment of time to compose and still considered as an investment of time to read. In a restricted sense, a book is a self-sufficient section or part of a longer composition, a usage reflecting that, in antiquity, long works had to be written on several scrolls and each scroll had to be identified by the book it contained. Each part of Aristotle's ''Physics'' is called a bo ...
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Istishab
Istishab ( ar, استصحاب ) is an Islamic term used in the jurisprudence to denote the principle of the presumption of continuity. It is derived from an Arabic word ''suhbah'' meaning accompany. It is one of the fundamental principles of the legal deduction that presumes the continuation of a fact. It is based on probability and can be applied in the absence of other proofs. Istishab, an initiative of ash-Shafii, is the rationalistic principle of extracting a legal solution according to which changes are not considered to occur until clear signs of these changes are apparent. It serves as the basis for many legal rulings such as the presumption of innocence—the person is regarded as innocent unless proven guilty. Malik ibn Anas and ash-Shafii regarded it to be a proof until it is contradicted. Several classical jurists differed over this principle with some Hanafi jurists refusing to regard it as an evidence. It is now widely employed by the contemporary scholars Defin ...
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Rationality
Rationality is the quality of being guided by or based on reasons. In this regard, a person acts rationally if they have a good reason for what they do or a belief is rational if it is based on strong evidence. This quality can apply to an ability, as in rational animal, to a psychological process, like reasoning, to mental states, such as beliefs and intentions, or to persons who possess these other forms of rationality. A thing that lacks rationality is either ''arational'', if it is outside the domain of rational evaluation, or ''irrational'', if it belongs to this domain but does not fulfill its standards. There are many discussions about the essential features shared by all forms of rationality. According to reason-responsiveness accounts, to be rational is to be responsive to reasons. For example, dark clouds are a reason for taking an umbrella, which is why it is rational for an agent to do so in response. An important rival to this approach are coherence-based accoun ...
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Ijma
''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur'an, and the Sunnah. Exactly what group should represent the Muslim community in reaching the consensus is not agreed on by the various schools of Islamic jurisprudence. Some believe it should be the Sahaba (the first generation of Muslims) only; others the consensus of the Salaf (the first three generations of Muslims); or the consensus of Islamic lawyers, the jurists and scholars of the Muslim world, i.e. scholarly consensus; or the consensus of all the Muslim world, both scholars and lay people. The opposite of ''ijma'' (i.e., lack of consensus on a point of Islamic law) is called ''ikhtilaf''. Proof of the validity of Ijma In the Quran Imam Al-Shafi'i was once approached by an old man and was asked rearding proof of Ijma fro ...
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Sunnah
In Islam, , also spelled ( ar, سنة), are the traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time evidently saw and followed and passed on to the next generations. According to classical Islamic theories, the sunnah are documented by hadith (the verbally transmitted record of the teachings, deeds and sayings, silent permissions or disapprovals of Muhammad), and along with the Quran (the book of Islam), are the divine revelation ('' Wahy'') delivered through Muhammad Brown, ''Rethinking tradition in modern Islamic thought'', 1996: p.7 that make up the primary sources of Islamic law and belief/theology. Differing from Sunni classical Islamic theories are those of Shia Muslims, who hold that the Twelve Imams interpret the sunnah, and Sufi who hold that Muhammad transmitted the values of sunnah "through a series of Sufi teachers." According to Muslim belief, Muhammad was the ...
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Naskh (tafsir)
''Naskh'' ( نسخ) is an Arabic word usually translated as " abrogation". In tafsir, or Islamic legal exegesis, ''naskh'' recognizes that one rule might not always be suitable for every situation. In the widely recognized Burton, "Those Are the High-Flying Cranes", ''JSS'', 15, 1970: p. 250 and "classic" form of ''naskh'',Hazimi, Abu Bakr. Al-I'tbar, 5-6 Burton, ''Islamic Theories of Abrogation'', 1990: p. 56 one ''ḥukm'' "ruling" is abrogated to introduce an exception to the general rule, but the text the ''ḥukm'' is based on is not repealed. Burton, "The Exegesis of Q.2:106", ''BSOAS'', 48, 1985: p. 456 Some examples of Islamic rulings based on ''naskh'' include a gradual ban on consumption of alcohol (originally alcohol was not banned, but Muslims were told that the bad outweighed the good in drinking) and a change in the direction of the qibla, the direction that should be faced when praying salat (originally Muslims faced Jerusalem, but this was changed to face the Kaaba ...
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Theology
Theology is the systematic study of the nature of the divine and, more broadly, of religious belief. It is taught as an academic discipline, typically in universities and seminaries. It occupies itself with the unique content of analyzing the supernatural, but also deals with religious epistemology, asks and seeks to answer the question of revelation. Revelation pertains to the acceptance of God, gods, or deities, as not only transcendent or above the natural world, but also willing and able to interact with the natural world and, in particular, to reveal themselves to humankind. While theology has turned into a secular field , religious adherents still consider theology to be a discipline that helps them live and understand concepts such as life and love and that helps them lead lives of obedience to the deities they follow or worship. Theologians use various forms of analysis and argument ( experiential, philosophical, ethnographic, historical, and others) to help understa ...
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Persia
Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmenistan to the north, by Afghanistan and Pakistan to the east, and by the Gulf of Oman and the Persian Gulf to the south. It covers an area of , making it the 17th-largest country. Iran has a population of 86 million, making it the 17th-most populous country in the world, and the second-largest in the Middle East. Its largest cities, in descending order, are the capital Tehran, Mashhad, Isfahan, Karaj, Shiraz, and Tabriz. The country is home to one of the world's oldest civilizations, beginning with the formation of the Elamite kingdoms in the fourth millennium BC. It was first unified by the Medes, an ancient Iranian people, in the seventh century BC, and reached its territorial height in the sixth century BC, when Cyrus the Great fou ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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