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This course aims to develop the student's skills in building and formulating jurisprudential reasoning, extracting evidence and methods of inference in jurisprudential texts, and how to discuss, object, and respond, with practical training.
Knowledge and understanding:
To master the jurisprudential formulation for inferring legal rulings, from constructing evidence, methods of objection and response, then weighing them.
To read jurisprudential texts analytically and consciously through jurisprudential sources.
Skills:
To discover evidence through jurisprudential context.
To practice skills of discussion, objection, and response with jurisprudential evidence.
To be able to construct disciplined jurisprudential derivations.
Values, autonomy and responsibility:
To be imbued with Islamic ethics, and social, professional, and academic values
To bear the responsibility assigned to them professionally and independently
To practice teamwork and manage it efficiently and effectively
Course Topics:
Unit One: Introduction to Jurisprudential Reasoning and Methods of Objection
- The meaning of jurisprudential reasoning and methods of objection.
The difference between jurisprudential reasoning and usul al-fiqh reasoning.
The role of the guide in building judgment.
The emergence of jurisprudential reasoning among scholars, and the difference between a reasoning scholar and a transmitting scholar.
Distinguishing between inference, reasoning, citation, and deduction.
- Juristic criticism and objection to inference.
Distinguishing between original evidence, derivative evidence, and compound evidence.
– Diverse inference contexts and their characteristics: jurisprudential lesson, fatwa, judiciary, emergencies, scientific research.
Unit Two: Deductive Formulation in Sources of Juristic Schools of Thought.
- Components of inferential formulation: The evidence - The indication - Discussions and objections - The response - The preference.
The deductive formulation in Hanafi sources.
The inferential formulation in Maliki sources.
– The inferential formulation in Shafi'i sources.
The inferential formulation in Hanbali sources.
The inferential formulation in Zahiri sources
Unit Three: Jurisprudential Formulation of Inference in Scientific Research and Theses:
The importance of jurisprudential phrasing in research and dissertations.
– Multiple pieces of evidence and their ordering.
Formulate the reasoning.
– Formulate the wording of the statement of inference.
– Drafting the objection and discussion.
Drafting the answer.
– Formulate the response to the answer.
– Formulating the weighting.
– Drafting the arguments for mitigation.
– The fruit of prioritization and its implications.
Unit Four: Training Skills:
- How to analyze jurists' statements.
– Analysis of selected issues.
– Extracting the evidence, its implication, and methods of objection from jurisprudential texts.
– Building a counterclaim, discussion, and answer.
Crafting a complete legal reasoning.
Comparing two inferences.
– Training critique of inference through a collection of research and master's and doctoral theses.
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