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Colleges

Jurisprudence

Course Description: The course provides an introduction to the jurisprudential rules and their impact on developing jurisprudential interpretative skills. It includes the study of five agreed-upon jurisprudential rules and five controversial ones. The course culminates in an analytical study of three peer-reviewed research papers written by students on controversial rules, critically examining their foundations and applications according to scientific research methodology.
Credit hours: 3
Objectives of the course :

The course aims to build jurisprudential acumen by activating jurisprudential rules and their impact on acumen, and by nurturing jurisprudential rules through foundational construction and variant rules.

Course outputs :

Knowledge and understanding:
1. The student defines Islamic legal maxims, their characteristics, and the methodologies of compilation in depth and with precision. .
2- The student shall explain in detail the impact of jurisprudential rules on jurisprudential differences.
3. The student accurately describes the jurisprudential methodology for contemporary issues.
4- The student should accurately identify the methods of adapting and deriving contemporary issues from jurisprudential matters in the books of early scholars.
Skills:
The student applies the methodology of jurisprudential derivation.
2- Discusses how to derive and adapt contemporary issues, whether medical, economic, or other developments.
3- The student deeply compares adjustment and jurisprudential derivation.
4. To plan for addressing contemporary jurisprudential issues, according to the methodology of comparative jurisprudential studies.
Values, autonomy and responsibility:
1- To achieve an advanced level of politeness with scholars and those who share their opinions, including one's teachers and colleagues.
Effectively supports projects and research groups.
3. The ability to take responsibility and be honest in presenting and critiquing the statements of others.

Additional information:

Course Topics:
Rooting comprehension of jurisprudential rules.
The reality of a jurisprudential rule, and the difference between it and what resembles it.
Approaches to Compiling Jurisprudential Rules from the Dawn of Compilation to Contemporary Studies.
Rules for Applying Juristic Maxims (phrasing of the maxim, the effect of differing phrasings on the maxim's concept, its terms and terminology, conditions of application, scope of application, maxims between linguistic phenomena and technical realities, the authority of maxims).
The Impact of Jurisprudential Maxims on Legal Differences.
The Impact of Jurisprudential Rules on Developing Ijtihad Capability in General, and Juridical Capability in Particular – With Applied Practical Examples.
Exceptions to the Rules - Exception by Evidence, Specializing Rules with Rules, Exception to Branches - Their Rulings and Effects.
The Relationship Between Jurisprudence Rules and the Objectives of Sharia - Theoretical Balances and Practical Applications.
The impact of jurisprudential rules on preference and resolving contradictions.
Study five agreed-upon jurisprudential rules, focusing on their evidence, formulation, scope of application, conditions, and application in seminal legal texts.
1. Rule: Necessity is estimated according to its extent.
2. Rule: The follower is a follower.
1. Rule: The deposit is guaranteed against damage.
2. Rule: An ijtihad does not invalidate another ijtihad.
3. Rule: It is recommended to resolve disputes.
Study of five jurisprudential rules on which there is scholarly disagreement, where the student studies them, presenting differing opinions, evidence, and the preferred view, and clarifying the practical implications of the disagreement, which are:
1. Rule: Self-sacrifice when close [to an enemy] is disliked, but when not close is liked.
Rule: If the permissible and the forbidden are combined, the forbidden prevails.
3. Rule: What is more beneficial is more virtuous.
4. Rule: A disagreement is not denied; rather, what is agreed upon is denied.
5. Rule: Permissions are not based on sins.
Analytical study: The course professor selects three peer-reviewed research papers on jurisprudential differences and subjects them to critical analysis by the students, discussing their grounding and application according to scientific research methodology.

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