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To master the theoretical steps of the jurist's contemplation of contemporary jurisprudential issues.
– The student gains the skill of examining contemporary jurisprudential issues to arrive at their Islamic ruling through the practical application of theoretical steps to some contemporary jurisprudential issues.
Knowledge and understanding:
1- Explain the rules for graduating branches based on branches and rules of orthodoxy.
2. To mention the stages of studying contemporary jurisprudential issues.
To clarify the jurisprudential rulings on contemporary issues.
Skills:
1. To portray contemporary jurisprudential issues and crises as they truly are.
2- To apply jurisprudential rulings to contemporary issues and controversies.
3. To derive jurisprudential rulings on contemporary issues and events.
4- Linking the study of contemporary jurisprudential issues to the purposes of the Shari'ah.
5. To discuss jurisprudential opinions and their evidence in disputed issues.
Values, autonomy and responsibility:
1- Demonstrate Islamic principles and values in jurisprudential disagreement and dialog with others.
2- Practicing and managing teamwork efficiently and effectively.
3- Utilize technical, mathematical and numerical skills in jurisprudential matters and scientific research.
4- Write a jurisprudential research paper according to the scientific research methodology.
Course Topics:
Introduction to the definition of jurisprudence of issues, or contemporary jurisprudential issues, their types, importance, and the necessity of qualifying scholars capable of explaining God's ruling in them, and the ưu tiên of this type of jurisprudence as one of the communal obligations.
– Approaches to considering contemporary Fiqh issues.
Fiqh of Minorities and its Relationship to Fiqh of Contemporary Juristic Issues.
The conditions that a jurist contemplating contemporary jurisprudential issues must possess.
– and the manners that the researcher of contemporary jurisprudential issues should possess.
The steps a jurist takes in considering contemporary jurisprudential issues.
— The importance of collective consideration of contemporary jurisprudential issues and the most prominent collective consideration bodies in the world.
The first step: make every effort to conceptualize the jurisprudential issue as it is by referring to the specialists.
The second step: Reporting the jurisprudential origin of this case, such as reporting that the origin in it is permissibility if it is among financial transactions, or prohibition if it is among acts of worship.
Step Three: Legal Classification of the Case. Definition of Legal Classification, Conditions for Legal Classification, The Fruit of Legal Classification, Does Every Contemporary Legal Case Accept Classification?, Applications of Legal Classification and Statement of its Impact in Reaching the Ruling on the Contemporary Case.
Step four: Search for the ruling on the contemporary case by means of agreed-upon and disagreed-upon legislative evidence that deviates from the original principle.
Fifth Step: Finding the ruling on a contemporary case by means of deduction. Definition of deduction. Importance of deduction. Fruit of deduction. Controls of deduction. Types of deduction. Deducing specific rulings from general principles with practical examples. Deducing specific rulings from other specific rulings with practical examples.
Step six: Searching for a ruling on a contemporary case through the objectives of Islamic legislation.
Definition of the objectives of legislation, categories of the objectives of legislation/ evidence of considering the objectives of legislation.
Adjusting legal reasoning with the objectives of legislation, identifying the ruling on an issue by referring to the objectives of legislation with practical examples.
The impact of contract structuring on legal rulings in contemporary jurisprudence concerning commercial transactions.
Islamic financial engineering.
The etiquettes that a jurist should adopt after providing a ruling on a contemporary issue include: guiding towards piety, guiding towards a permissible alternative, and finding a permissible alternative.
Applications
– In addition to the practical applications that the professor conducts for each stage of considering contemporary jurisprudential issues, there must be applications of all the steps to some contemporary jurisprudential issues, as follows:
Wastewater treatment, zakat on factories, zakat on stocks, prayer and fasting in places where the sun does not set or rise, bank interest, credit cards, letters of guarantee, human organ transplantation, in vitro fertilization (IVF), cosmetic surgery, DNA paternity testing, murabaha for the buyer, commercial insurance, premarital medical examination, medical quarantine.
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