The Relation Between The Significance Of The Text And Juristic Analogyt

Year: 
2014
Discussion Committee: 
Dr . Hassan. S. Khader/supervisor
Dr. Mohamad Assaf/external examiner
Dr. Sayel Amarah/internal examiner
Supervisors: 
Dr . Hassan. S. Khader/supervisor
Authors: 
Esraa Fahme Mahmud Odah
Abstract: 
Islamic law fundamentalists defer in classifying the denotations because of the different points of view they have. Hanafists see that the utterance may indicate by itself or by a mean. The meaning in what indicates by itself may be origin-intended or a subordinate, and it may be non of them. However, the invariable by other mean is proved by the language or by Islamic law. What we are dealing with in this thesis is the invariable by the language, or what so-called the Significance Of The Text. It means what have been proven by language without Diligence or devise. The majority of scholars see that the utterance may indicates on its meaning by itself, or by its connotation. The utterance significance on the provisions may be by: Analogy, implication, or involvement. However, the connotation significance may be by the agreement or by the disagreement. Juristic Analogy is one of the mental Islamic law proofs. It means attaching a part with an origin for a certain problem. Because the part is attached with the origin, the Juristic Analogy is considered a revealer of provisions not a founder of them. As the problem known by Diligence, the Juristic Analogist must be a Muslim diligent, in contrast to the one who know the problem of text significance. It is sufficient to be knowledgeable of the language details even if he is not a Muslim.
Full Text: 
Pages Count: 
137
Status: 
Published