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a. Introducing the student to the science of jurisprudential principles, its foundations, importance, benefits, and scholarly works.
b. Study of some major jurisprudential principles, what falls under them, their examples, and their contemporary applications
c. Developing students' skills in dealing with jurisprudence rules and benefiting from them. .
Knowledge and understanding:
1- Students will become familiar with the principle of "no harm, no damage" and the rules derived from it.
2. The student will list the rules falling under the principle of "custom is like law.".
The student will become familiar with the science of Usul al-Fiqh and its jurisprudential branches.
Skills:
1- The student can distinguish between the major jurisprudential rules and the rules derived from them.
2. The student derives the jurisprudential branches from the principle.
3- That the student compares the jurisprudential and usul differences.
Values, autonomy and responsibility:
The student will take responsibility for self-learning in some matters and have the ability to make the right choices.
2. To master positive interaction with others.
3. Commitment to Islamic values and serving the nation.
Course Topics:
First: The rule (no harm and no harming), and the rules that fall under it
The reality of the principle of no harm and no reciprocation of harm.
– The importance of the principle of "no harm and no reciprocating harm" and its status in Islamic law.
– Evidence of the "no harm, no damage" principle.
– Terms of working with the base.
The most important rules thereunder, the meaning of each rule, and its relation to the greater rule.
– Application of the major rule and the rules derived from it to a number of jurisprudential branches and newly emerging issues.
Second: The rule (custom is binding), and the rules subordinate to it.
The rule of custom is firmly established.
– The importance of the firmly established rule of custom, and its status in Islamic law.
The evidence of customary law is solid.
– Categories of custom based on multiple considerations.
– Terms of working with the base.
The most important rules under it, an explanation of the meaning of each rule, and its relationship to the major rule.
– Application of the major rule and the rules derived from it to a number of jurisprudential branches and newly emerging issues.
Third: A selection of general principles (not major principles), their reality, and the regulation of their rulings and applications.
– The principle of acting upon speech is primary over neglecting it, its reality, evidence, rules derived from it, and its applications.
– The rule of the follower is the follower: its reality, its proofs, the rules derived from it, and its applications.
The rule: when the original is impossible, recourse is had to the substitute, its reality, evidence, and applications. .
– The principle that there is no room for ijtihad (independent legal reasoning) where there is a definitive text, its reality, evidence, and applications.
– The rule of Ijtihad does not invalidate another of its kind: its reality, evidence, and applications.
- The basis of ruling over the subjects is based on interest, its reality, evidence, and applications.
- The principle of "The Guarantor is Entitled to Reimbursement," its reality, evidence, and applications.
– The Principle of "Ghorm bi al-Ghunm": Its Reality, Evidence, and Applications.
Rule: If both the direct actor and the indirect cause are present, the ruling/punishment applies to the direct actor. Its reality, evidence, and applications.
– Principle: The verb is attributed to the doer, not the commander, unless the commander is compelled. Its reality, evidence, and applications.
The principle that a legitimate marriage contract negates liability, its reality, evidence, and applications.
– A Juridical Principle: When the lawful and the unlawful converge, the unlawful prevails: its reality, evidence, and applications.
The principle that what is prohibited to take is also prohibited to give: its reality, evidence, and applications.
– Whoever hastens something before its time is punished by deprivation: its reality, evidence, and applications.
The foundation of the fallen does not return: its reality, evidence, and applications.
The basis for the change in ownership stems from a change in the essence of the property, its reality, evidence, and applications.
A principle requiring consideration of a condition as much as possible, its reality, its evidence, and its applications.
The principle that what is established by Sharia takes precedence over what is established by condition: its reality, evidence, and applications.
Fourth: A brief overview of the science of usul al-fiqh (legal theory) and usul al-furu (jurisprudence).
Principles of Differential Psychology, its types, and its benefits.
The Emergence of the Science of Differences and Books Authored in It.
Models of differences between jurisprudential rules and their applications.
– Examples of differences between usul (legal principles) and their applications.
Models of Differences Between Jurisprudential Schools and Their Applications. .
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