Dealing with facts in judicial process: A reflection of ijtihadic practice
| Format: | Restricted Document |
|---|
| _version_ | 1860799469624229888 |
|---|---|
| building | INTELEK Repository |
| collection | Online Access |
| collectionurl | https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072 |
| date | 2017-01-22 11:49:47 |
| eventvenue | PATTANI, THAILAND |
| format | Restricted Document |
| id | 6123 |
| institution | UniSZA |
| originalfilename | 0903-01-FH03-FUHA-17-08951.pdf |
| person | User user USER UsEr |
| recordtype | oai_dc |
| resourceurl | https://intelek.unisza.edu.my/intelek/pages/view.php?ref=6123 |
| spelling | 6123 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=6123 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072 Restricted Document Conference Conference Paper application/pdf 26 1.6 Adobe Acrobat Pro DC 20 Paper Capture Plug-in User user USER UsEr 2017-01-22 11:49:47 0903-01-FH03-FUHA-17-08951.pdf UniSZA Private Access Dealing with facts in judicial process: A reflection of ijtihadic practice The importance of understanding the factual reality (fahm al-waqi‘) has been widely recognized by Muslim jurists in their discussion relating to Islamic legal theory. It has been regarded as an important element for the practice of ijtihad and accepted as a valid justification for renewal of ijtihad. In light of the above, yet in a different context, the paper discusses the judicial concept of al-da‘wa and the significance of fahm al-waqi‘or understanding the fact of legal disputes (al-da‘awa) in Islamic judicial process. It examines the position of fahm al-waqi‘ in judicial process as well as the process that should be taken by the judges in dealing with the facts of the legal disputes. The study proves that, as in the process of formulating legal rulings (istinbat al-ahkam), understanding the facts of the cases assumes a very critical position in the judicial process, the ignorance of which will effect propriety of legal decisions and thus leading to injustice in decision making. Further, the paper argues that the process of understanding the fact of the case constitutes a form of ijtihad and that it must be undertaken by all judges regardless of their status whether they are mujtahid or muqallid. 5TH INTERNATIONAL CONFERENCE ON LAW AND SOCIETY PATTANI, THAILAND |
| spellingShingle | Dealing with facts in judicial process: A reflection of ijtihadic practice |
| summary | The importance of understanding the factual reality (fahm al-waqi‘) has been widely recognized by Muslim jurists in their discussion relating to Islamic legal theory. It has been regarded as an important element for the practice of ijtihad and accepted as a valid justification for renewal of ijtihad. In light of the above, yet in a different context, the paper discusses the judicial concept of al-da‘wa and the significance of fahm al-waqi‘or understanding the fact of legal disputes (al-da‘awa) in Islamic judicial process. It examines the position of fahm al-waqi‘ in judicial process as well as the process that should be taken by the judges in dealing with the facts of the legal disputes. The study proves that, as in the process of formulating legal rulings (istinbat al-ahkam), understanding the facts of the cases assumes a very critical position in the judicial process, the ignorance of which will effect propriety of legal decisions and thus leading to injustice in decision making. Further, the paper argues that the process of understanding the fact of the case constitutes a form of ijtihad and that it must be undertaken by all judges regardless of their status whether they are mujtahid or muqallid. |
| title | Dealing with facts in judicial process: A reflection of ijtihadic practice |
| title_full | Dealing with facts in judicial process: A reflection of ijtihadic practice |
| title_fullStr | Dealing with facts in judicial process: A reflection of ijtihadic practice |
| title_full_unstemmed | Dealing with facts in judicial process: A reflection of ijtihadic practice |
| title_short | Dealing with facts in judicial process: A reflection of ijtihadic practice |
| title_sort | dealing with facts in judicial process: a reflection of ijtihadic practice |