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Applications of Jurisprudential Differences

Course Description: To understand the reality of jurisprudential branches and their relationship with jurisprudential rules, and to develop jurisprudential acumen through recognizing jurisprudential differences between issues and how to apply that to contemporary cases, and to derive contemporary issues from the principles of jurisprudential schools of thought and the ability to weigh between opinions.
Credits: 2
Objectives of the course :

At the end of this course, the student is expected to be able to:
– Introduce the student to books on jurisprudential differences and their importance.
Developing the student's ability to understand the differences between similar jurisprudential rulings and the relationship between jurisprudential differences and jurisprudential rules.
– To equip the student with the skill of recognizing jurisprudential differences between issues and how to apply that to contemporary matters. .
Deriving contemporary issues from the principles of jurisprudential schools of thought.
Weighing the different scholarly opinions on jurisprudential matters where there is disagreement.

Course outputs :

Knowledge and understanding:
Understanding the concept of comparative linguistics, its origins, and its importance.
2. To clarify the controls for jurisprudential differences.
3. To explain the jurisprudential differences in contemporary issues.
Skills:
1- To portray the jurisprudential differences in contemporary issues as they truly are.
2. To address jurisprudential differences in contemporary issues.
To derive jurisprudential rulings from jurisprudential differences in contemporary issues.
4. To link the study of jurisprudential differences in contemporary issues with the objectives of Sharia.
5- To discuss jurisprudential differences in contemporary 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.

Additional information:

Course Topics:
Introduction to the Science of Differences: Its Definition – Its Origin – Its Importance – Authors' Methodologies and Significant Works in It.
The difference between jurisprudential differences and jurisprudential rules.
Fiqh applications based on the difference between one origin and another, or one rule and another.
Applications of Jurisprudential Differences in the Chapter of Acts of Worship.
Applications of Fiqh Differences in the Chapter of Transactions.
Applications of Fiqh Differences in the Chapter of Marriage and its Related Issues.
Applications of Jurisprudential Differences in the Chapters of Punishments, Crimes, Foods, and Oaths.
Applications of Juristic Differences in the Chapter of Judiciary and its Related Matters.
Applications of Juristic Differences in Contemporary Fiqh Issues:
The difference between usury (riba) and actual cost in banking transactions.
The difference between individual investment and organized institutional investment.
The difference between commercial insurance and cooperative insurance.
The difference between stocks and bonds.
- The difference between discounting commercial papers and acceleration.
– The difference between therapeutic surgery and cosmetic surgery.
The difference between reattaching a severed limb without legal punishment and reattaching a severed limb as a legal punishment.
- The difference between the forbidden and impossible in what is permissible, and the forbidden mixed with what is permissible.
Notice: The professor selects a number of differences in each jurisprudential chapter as he deems appropriate, in terms of time and content, and comprehensive coverage is not required. The study of issues focuses on differences and their sources, not on weighting and discussing issues.

  • Last updated: 2026-06-03

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