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At the end of this course, the student is expected to be able to:
The student will become familiar with the controls for deriving branches from Usul (fundamental principles) and Fiqh (Islamic jurisprudence) rules and branches.
To recognize the relationship between jurisprudential rules and deriving rulings from them on one hand, and deriving secondary issues from similar rules on the other hand.
- The student should make an academic effort enabling them to analyze and study the methodologies of the four schools of thought and some jurists in deriving branches from jurisprudential rules and branches.
To train the student on the skill of deriving rulings from jurisprudential principles and by deriving rulings from similar precedents, through analytical reading of some comparative jurisprudence books.
– For the student to practice applying rulings to contemporary jurisprudential issues by deriving them from their jurisprudential principles and branches.
Knowledge and understanding:
1- Explain the rules for graduating branches based on branches and rules of orthodoxy.
To explain the jurisprudential rulings on contemporary issues by deriving them from their jurisprudential rules and branches.
Skills:
To portray contemporary jurisprudential issues and events as they truly are by deriving them from their jurisprudential rules and branches.
2. To issue jurisprudential rulings on contemporary issues and events by deriving them from their jurisprudential principles and branches.
3. To deduce jurisprudential rulings on contemporary issues and events by deriving them from their jurisprudential principles and branches.
4. To link the study of contemporary jurisprudential issues to the objectives of Sharia by deriving them from its principles and jurisprudential branches.
5. To discuss jurisprudential opinions and their evidence in debated issues by deriving them from their jurisprudential principles and branches.
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.
Course Topics:
Graduation (Introductory Overview)
Definition of graduation
Types of Exegesis
Derivation of Secondary Issues from Usul al-Fiqh Principles (Its Origin, Introduction to the Most Important Books Authored on the Subject)
The Derivation of Furu' (Secondary Rulings) from Usul (Legal Maxims) (An Introductory Study)
Introduction to the concept of Takhrij, introduction to Fiqh principles and the difference between them and Usul principles.
Dating the Derivation of Branches from Juristic Principles
The most important and prominent works on the principles of deriving branches from jurisprudential rules. (Two books are sufficient)
The Derivation of Fiqh Branches from Fiqh Principles (A Foundational Study)
Rules for deriving sub-rules from jurisprudential principles.
Methodologies of scholars in deriving branches from jurisprudential rules
Derivation of Branches from Juristic Principles (An Applied Study)
An analytical study of the most important books authored on jurisprudential maxims, and an explanation of their methodologies in deriving branches from jurisprudential maxims.
Only four books are sufficient from each jurisprudential school, one book.
Derivation of branches from branches (an introductory study)
Definition of branching deductions on branches, defining a jurisprudential branch and the difference between it and a jurisprudential rule and norm.
Chronology of branching out to branches.
The most important and prominent works on establishing the derivation of branches from branches (two books are sufficient):
Deriving Branches from Branches (An Foundational Study)
Director's traits.
Graduation requirements
Sources of Exegesis (Text and its equivalents, the concept of the text, the Imam's actions, his approvals, and authentic hadith...).
Methods of graduation.
Jurists' terminology in fiqh derivation.
The proportion of the narrator's hadith attributed to the Imam.
Derivation of Branches from Branches (An Applied Study).
An analytical jurisprudential study of a chapter of jurisprudence from four foundational jurisprudential books, representing the four schools of thought, to build its branches upon its branches.
(Al-Mabsut by Al-Sarakhsi, Al-Thakhirah by Al-Qarafi, Al-Hawi by Al-Mawardi, Al-Insaf by Al-Mardawi). .
The Juristic Classification of Sub-issues: (A Foundational Study).
Definition of juristic analogy and its types.
The permissibility of legal interpretation.
The components of jurisprudential analogy and its controls.
Purposes and objectives of jurisprudential analogy.
Tools and steps of jurisprudential adaptation.
The Fiqh Rulings of Sub-Issues: An Applied Study.
Selecting ten contemporary jurisprudential issues from refereed theses and research, and studying them with an applied approach using the methodology of jurisprudential adaptation, covering various jurisprudential topics.
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