What is juristic equity?

Asked By: Patti Gebhardt | Last Updated: 17th April, 2020
Category: religion and spirituality islam
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Definition • Literal meaning – To approve – To deem something preferable • Juristic meaning – A method of exercising personal opinion in order to avoid any rigidity and unfairness that might result from literal enforcement of the existing law. 9. • Also referred to as juristic preference.

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People also ask, what is the meaning of Istihsan?

san (Arabic: ?????????????‎) is an Arabic term for juristic discretion. In its literal sense it means "to consider something good". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities.

Similarly, what is the difference between ijma and ijtihad? Hence, in this case, Ulemas perform ijma and solve problems on the basis of Quran and Hadith. Fiqh means understanding of shariah according to Islamic Jurisprudence. Ijtihad means to try or strive hard for some thing to solve a problem that seems beyond Islamic laws.

Also asked, what is Istihsan in Islamic jurisprudence?

Istihsan literally means to deem or consider something good. - While quoting al-Karkhi's definition, Al-Sarakhsi added: the precedent that is set aside by istihsan normally consists of an established analogy which may be abandoned in favour of superior proofs, namely the Qur'an, Sunnah, necessity or stronger qiyas.

What are the four sources of Sharia law?

Among Shia, Usuli school of Ja'fari jurisprudence uses four sources, which are Qur'an, Sunnah, consensus and the intellect.

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How many types of Istihsan are there?

ISTIHSAN QIYASI • It is a departure from one qiyas to another • Qiyas is of two types : Jalli (obvious analogy) and Khafi (hidden analogy) – Istihsan qiyasi is a departure from Qiyas Jalli to Qiyas Khafi.

What is the meaning of Qiyas?

Definition of qiyas. : the principle of analogy applied in the interpretation of points of Islamic law not clearly covered in the Koran or sunna : analogical inference or deduction.

What is the meaning of taqleed?

Taqlid (Arabic ??????? taqlīd) is an Islamic terminology denoting the conformity of one person to the teaching of another. The person who performs taqlid is termed muqallid. The definite meaning of the term varies depending on context and age.

What is the meaning of ijtihad?

In its literal meaning, the word refers to effort, physical or mental, expended in a particular activity. In its technical sense, ijtihad can be defined as a "process of legal reasoning and hermeneutics through which the jurist-mujtahid derives or rationalizes law on the basis of the Qur'an and the Sunna".

What is ijma in Islam?

Ijmāʿ (Arabic: ?????‎) is an Arabic term referring to the consensus or agreement of Islamic scholars on a point of Islamic law. Sunni Muslims regard ijmā' as the third fundamental source of Sharia law, after the Qur'an, and the Sunnah.

What is Masalih Mursalah?

Maslahah mursalah. Maslahah means benefit or interest. 2. • So Istislah involves the acquisition of benefit and repulsion of the harm to the public based on the benefit or interest that will be enjoyed by the public.

What is Istidlal?

In the ordinary sense the term means an inference for a thing from another thing, but in the real sense, it is a form of ratiocination or legal reasoning not covered by Qiyas/????. Istidlal (???????) allowed the jurists to avoid 'strict analogy' in a case where no clear precedent could be found.

What is Istidlal in Islamic law?

Qada'/ ???? is another. term of Islamic Jurisprudence which means discharge of an. obligation after its specific time has expired.

What are the types of Qiyas?

There are four requirements of qiyas which consist of asl, far, illah and finally the establishment the hukm. Each of them has its own condition in order for it to be valid. Qiyas also consist of several types such as the analogy of Superior (qiyas al-awla) and analogy of Equality (qiyas al-musawi) and others.

Is Qiyas allowed in Islam?

Among Sunni Muslim in recent centuries Qiyas has been accepted as a fundamental source of Sharia law along with Ijmāʿ and secondary to the Qur'an, and the Sunnah.

What is ijma and Qiyas?

In such cases, those people with extreme knowledge on Quran and ahaadith, extract the ruling for a particular situation. This is called qiyas. This is called qiyas. After the time of prophet Muhammad saws, and during the khilafat of 4 great khulafa, whatever qiyas is done and accepted by all sahaba is called ijma.

What is meant by ijma explain with examples?

Islamic law. Ijmāʿ, (Arabic: “consensus”) in Islamic law, the universal and infallible agreement of either the Muslim community as a whole or Muslim scholars in particular.

What are the two major sources for Shariah?

There are two agreed-upon derived sources of Sharia: scholarly consensus (ijma') and legal analogy (qiyas).

What does Sharia law consist of?

Shariah is Islamic law derived from the teachings of the Quran and of Muhammad. It is not a list of rules but rather a set of principles on aspects of life, including marriage, divorce, finance and rituals such as fasting and prayer.

What are the components of sharia law?

Traditional theory of Islamic jurisprudence recognizes four sources of sharia: the Quran, sunnah (authentic hadith), qiyas (analogical reasoning), and ijma (juridical consensus).