Sarakhsi’s Doctrine of Juristic Preference (Istihsan) as a Methodological Approach Toward Worldly Affairs (Ahkam al-Dunya)
In the present investigation, we shall develop systematically Sarakhsrs doctrine of Juristic preference from his Mabsut, Usul and Bab al-Muwada'a of Sharh al-Siyar al Kabir and demonstrate how Sarakhsi establishes its relevance as a methodological approach toward worldly affairs. The investiga...
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International Institute of Islamic Thought
1988
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oai:doaj.org-article:a26412d58d7946fda9180125ac3d215d2021-12-02T19:22:47ZSarakhsi’s Doctrine of Juristic Preference (Istihsan) as a Methodological Approach Toward Worldly Affairs (Ahkam al-Dunya)10.35632/ajis.v5i2.28412690-37332690-3741https://doaj.org/article/a26412d58d7946fda9180125ac3d215d1988-12-01T00:00:00Zhttps://www.ajis.org/index.php/ajiss/article/view/2841https://doaj.org/toc/2690-3733https://doaj.org/toc/2690-3741 In the present investigation, we shall develop systematically Sarakhsrs doctrine of Juristic preference from his Mabsut, Usul and Bab al-Muwada'a of Sharh al-Siyar al Kabir and demonstrate how Sarakhsi establishes its relevance as a methodological approach toward worldly affairs. The investigation is carried out in four parts: In the first part, we shall relate Sarakhsi’s doctrine of juristic preference (istihan) with his concept of treaties (muwada'a). According to Sarakhsi muwada'a is an autonomous discipline and its main focus is worldly affairs as relations (muamalat) of Muslims with other nations. In the second part, it is investigated how Sarakhsi strives to see the justification for the application of the doctrine of juristic preference to it independently of the doctrine of systematic reasoning (qiyas) by establishing the ’illa (effective reasoning) of the doctrine of juristic preference on the basis of asl derived from the Qur’an and Hadith. In the third part, we shall discuss how Sarakhsi systematizes the doctrine of juristic preference by analyzing the ’illa employed by it in various forms and shows that it is connected with asl. Finally, in the fourth part, we shall show how Sarakhsi justifies the employment of the doctrine of juristic preference as a methodological approach toward muwadah and worldly affairs ... Husain KassimInternational Institute of Islamic ThoughtarticleIslamBP1-253ENAmerican Journal of Islam and Society, Vol 5, Iss 2 (1988) |
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DOAJ |
| collection |
DOAJ |
| language |
EN |
| topic |
Islam BP1-253 |
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Islam BP1-253 Husain Kassim Sarakhsi’s Doctrine of Juristic Preference (Istihsan) as a Methodological Approach Toward Worldly Affairs (Ahkam al-Dunya) |
| description |
In the present investigation, we shall develop systematically Sarakhsrs
doctrine of Juristic preference from his Mabsut, Usul and Bab al-Muwada'a
of Sharh al-Siyar al Kabir and demonstrate how Sarakhsi establishes its
relevance as a methodological approach toward worldly affairs.
The investigation is carried out in four parts:
In the first part, we shall relate Sarakhsi’s doctrine of juristic preference
(istihan) with his concept of treaties (muwada'a). According to Sarakhsi
muwada'a is an autonomous discipline and its main focus is worldly affairs
as relations (muamalat) of Muslims with other nations.
In the second part, it is investigated how Sarakhsi strives to see the
justification for the application of the doctrine of juristic preference to it
independently of the doctrine of systematic reasoning (qiyas) by establishing
the ’illa (effective reasoning) of the doctrine of juristic preference on the basis
of asl derived from the Qur’an and Hadith.
In the third part, we shall discuss how Sarakhsi systematizes the doctrine
of juristic preference by analyzing the ’illa employed by it in various forms
and shows that it is connected with asl.
Finally, in the fourth part, we shall show how Sarakhsi justifies the
employment of the doctrine of juristic preference as a methodological approach
toward muwadah and worldly affairs ...
|
| format |
article |
| author |
Husain Kassim |
| author_facet |
Husain Kassim |
| author_sort |
Husain Kassim |
| title |
Sarakhsi’s Doctrine of Juristic Preference (Istihsan) as a Methodological Approach Toward Worldly Affairs (Ahkam al-Dunya) |
| title_short |
Sarakhsi’s Doctrine of Juristic Preference (Istihsan) as a Methodological Approach Toward Worldly Affairs (Ahkam al-Dunya) |
| title_full |
Sarakhsi’s Doctrine of Juristic Preference (Istihsan) as a Methodological Approach Toward Worldly Affairs (Ahkam al-Dunya) |
| title_fullStr |
Sarakhsi’s Doctrine of Juristic Preference (Istihsan) as a Methodological Approach Toward Worldly Affairs (Ahkam al-Dunya) |
| title_full_unstemmed |
Sarakhsi’s Doctrine of Juristic Preference (Istihsan) as a Methodological Approach Toward Worldly Affairs (Ahkam al-Dunya) |
| title_sort |
sarakhsi’s doctrine of juristic preference (istihsan) as a methodological approach toward worldly affairs (ahkam al-dunya) |
| publisher |
International Institute of Islamic Thought |
| publishDate |
1988 |
| url |
https://doaj.org/article/a26412d58d7946fda9180125ac3d215d |
| work_keys_str_mv |
AT husainkassim sarakhsisdoctrineofjuristicpreferenceistihsanasamethodologicalapproachtowardworldlyaffairsahkamaldunya |
| _version_ |
1718376693822914560 |