LEARNING OBJECTIVES
·
Understand the meaning of jurisprudence
·
Infer the importance of Juridicial
maxims.
·
Explain the five normative juridicial
maxims
I)KEY WORDS
1. Jurisprudency
2. Juridicial
maxims
3. Ijtehad
– independent reasoning
4. Qiyas
– deductive analogy - comparison
III)ANSWER THE FOLLOWING
11) Discuss
the concept and emergence of Jurisprudence?
Ans)
Jurisprudence means the rules and regulations of fiqh according to the Islam
law which infer the society and benefit it in positive ways. The concept of
Jurisprudence is to concise general legislative rules on matters similar to
jurisprudential maxims. The emergence of Jurisprudence can be considered from
the Prophet’s era and its rules are deduced from the text of Holy Quran and
Suunah. The formats of these rules were gradually established in the ages of
the prosperity of Islamic Jurisprudence.
22) What
is the importance of the rules of Jurisprudence?
Ans. The rules of jurisprudence are of great value to
a person pursuing knowledge; these rules assist in:
-
Understanding and memorizing many
similar jurisprudential matters.
-
Knowledge of the blessings of
religion, its noble purposes and the fact that it suits all time and all place
related to past, present or future.
-
Constituting a jurisprudential
capability, which enables a student to deduce jurisprudential rulings on new
facts through qiyas.
3.)
Discuss the normative juridicial maxims.
Ans)
Rules of Jurisprudence are not of the same degree. There are five famous
normative maxims which all fiqh schools of thought have agrred upon relying on
them. These maxims include branches of all fiqh sources. The five normative
rules of jurisprudence are as follows:
1i. Acts
are judged by the intention behind them.
The words and deeds of man are
subject to his intention. His deeds
are acceptable and deserve rewards if
his intention is right. They are
unacceptable and constitute guilt of
his intention is corrupt.
2ii. Certanity
is not overruled by doubt.
If one has doubts but one is possessed by prior
certainty, one will not be
bothered with doubts. Instead he refers to one's
prior certainty because
certainty is firm belief whereas doubt is hesitation
as to whether something
will occur or not.
3iii. Harm
must be eliminated.
There
are circumstances which being out hardship or difficulty to man when applying
by Sharia rulings. Hardship is of two types.
·
Customary hardship:
This
type of Hadrship is related to worshipping customs such as the hardship of
fastening or the hardships of Haj. There are countless examples of it.
·
Uncustomary Hardship:
This
is emergent and requires extra efforts such as hardship in travel and sickness.
4iv. Hardship
begets facility.
Sharia forbids harming the self or others by
forbidding the occurrence of
harm in the first place or by removing harm when it
occurs
5v. Custom
is the basis of judgment.
Words and deeds which people are accustomed to and have normalized
are ascribable to norms and considerable customsif they do not contravene
a Sharia text and have no measure in Sharia or language.
Custom denotes recurring happenings with the majority of people; these
happenings recur until they become acceptable, ie. people do not
object to them or feel that they are exotic. Convention is a mater which
most people are accustomed to and which belongs to words, deeds or
avoidance. If a matter is subject to judgment, this denotes that settlement
and ruling constitute the basis of adjudication between people.
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