Al-Manat

Year: 
2003
Discussion Committee: 
Supervisors: 
Dr. Mohammad Ali Sartawi
Authors: 
Raed Abed-Allah Bader
Abstract: 
Principles of Islam jurisprudence field is considered among the most important sciences in Islamic Sharia. This modest study addresses one significant aspect of this honorable field which is Discretion in the sharia cause. Islamic Sharia is a comprehensive complete one; and flexibility is one of its premirent features which enables scholars and Muslims to manipulate and adapt it to every time and location in accordance with prosperity and development factors. Discretion has thus been a crucial factor in developing the Islamic Sharia. The most important instrument in Discretion is Al-Qias (analogy); the Sharic case is the basic element in Al-Qius. This Study deals with Discretion in Sharic cause itself both in its application and its extraction. This study sheds a light on the Al-Manat (sharic cause) concept including Al-Manat derivation, Al-Manat revisions and Al-Manat inquiry. Al-Manat derivation is an important method in showing the development and change of a Sharic cause is related to a certain text. It focuses on texts where the Sharic cause is not stated because it has to do with life innovations and development. Al-Manat revision is an important way in expanding the Sharic text circle enabling it to cover a wide range of peoples conducts. Al-Manat inquiry in its two occurrences - particular and general - is a protection for the applicative Discretor; such protection helps the Discretor avoid the traditional and arbitrary application of Sharic rules. This enables the Descriptor to move from applying the general Manat on conducts and sayings to particular Manat, undergoing a process of inquiry and examination. The Discretor may turn to Sharic emergency plans, such as approval, prohibition of that may lead to committing sins and controversy considerateness. These plans are a consequence of inquiring the particular Manat and playing a role in protecting the Islamic Sharia from contradiction and elimination.
Full Text: 
Pages Count: 
224
Status: 
Published