Linguistic principles in Usul al-fiqh and their effect on legal reasoning in Islamic law

Ramic, Sukri Husayn (1996) Linguistic principles in Usul al-fiqh and their effect on legal reasoning in Islamic law. Masters thesis, University of Wales Trinity Saint David.

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Abstract

This present study deals with the linguistic principles that are used in the process of legal reasoning in Islamic law. These linguistic principles represent an important branch of the science of usu1 al-fiqh on its part represents the theoretical basis for the Shari ah and indisputable foundations upon which the whole structure of Islamic law is built. It is a unique study in the sense that no similar work, as far as we know, is available and its comparative and analytical approach has not been presented before. This study is divided into four parts. The first part deals with the linguistic principles that are related to the methods of textual indication on legal rulings. In this part these principles have been analysed according to both the Hanafi and the Shäfi'i approach. In the second part this study deals with linguistic principles which are related to clarity and ambiguity of words. It is a comparative study of the Hanafi and the Shdfi'i approach to this issue. The third part highlights the generality and specific qualities of words, and the fourth part analyses the possibility of interpretation of authoritative texts not according to their obvious meanings (ta'wi7). In general this is a comparative study of the methodology of interpretation of authoritative texts in Islamic law presented through the study of the linguistic principles in usül al-fiqh and their effect on legal reasoning in Islamic law.

Item Type: Thesis (Masters)
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
K Law > K Law (General)
P Language and Literature > P Philology. Linguistics
Divisions: Theses and Dissertations > Doctoral Theses
Depositing User: EThOS Web Service
Date Deposited: 12 Aug 2019 11:21
Last Modified: 12 Aug 2019 11:21
URI: http://repository.uwtsd.ac.uk/id/eprint/1076

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