A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal
The relationship that exists between fatwa andijtihad, ijma’, Qiyas,istislah and istihsan is significant to the development of Shari‘ah. Although, the terms seem to be different in the actual sense, but sometimes they do overlap each other, as they all focus in achieving same goal. The paper real...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English English |
| Published: |
Serials Publications
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/42449/ http://irep.iium.edu.my/42449/1/5-Magaji_Chiroma.pdf http://irep.iium.edu.my/42449/4/a_jurisprudential.pdf |
| _version_ | 1848782272828801024 |
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| author | Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohamad Asmadi |
| author_facet | Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohamad Asmadi |
| author_sort | Chiroma, Magaji |
| building | IIUM Repository |
| collection | Online Access |
| description | The relationship that exists between fatwa andijtihad, ijma’, Qiyas,istislah
and istihsan is significant to the development of Shari‘ah. Although, the
terms seem to be different in the actual sense, but sometimes they do overlap
each other, as they all focus in achieving same goal. The paper realized that
ijtihad, ijma’, Qiyas, istislah and istihsan could better be described as
methodology for arriving at an effective fatwa, than to be described as a
legal verdict per se. It is based on this, the paper also suggests that muftis,
while considering the importance of the above concepts to the role of fatwa in
the contemporary society, should expose their talents in explaining the maqasid
ash- Shari‘ah (objectives of Shari‘ah) based on the consideration ofmaslahah
(public interest) and mafsadah (mischief ) that may likely occur.
Fatwa, Ijtihad, Ijma’, Qiyas, Istislah, Istihsan, Jurisprudential
Overlap |
| first_indexed | 2025-11-14T16:02:50Z |
| format | Article |
| id | iium-42449 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English |
| last_indexed | 2025-11-14T16:02:50Z |
| publishDate | 2015 |
| publisher | Serials Publications |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-424492024-11-26T04:22:34Z http://irep.iium.edu.my/42449/ A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohamad Asmadi KBP Islamic Law The relationship that exists between fatwa andijtihad, ijma’, Qiyas,istislah and istihsan is significant to the development of Shari‘ah. Although, the terms seem to be different in the actual sense, but sometimes they do overlap each other, as they all focus in achieving same goal. The paper realized that ijtihad, ijma’, Qiyas, istislah and istihsan could better be described as methodology for arriving at an effective fatwa, than to be described as a legal verdict per se. It is based on this, the paper also suggests that muftis, while considering the importance of the above concepts to the role of fatwa in the contemporary society, should expose their talents in explaining the maqasid ash- Shari‘ah (objectives of Shari‘ah) based on the consideration ofmaslahah (public interest) and mafsadah (mischief ) that may likely occur. Fatwa, Ijtihad, Ijma’, Qiyas, Istislah, Istihsan, Jurisprudential Overlap Serials Publications 2015-04-04 Article PeerReviewed application/pdf en http://irep.iium.edu.my/42449/1/5-Magaji_Chiroma.pdf application/pdf en http://irep.iium.edu.my/42449/4/a_jurisprudential.pdf Chiroma, Magaji and Arifin, Mahamad and Ansari, Abdul Haseeb and Abdullah, Mohamad Asmadi (2015) A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal. Journal of Islamic Law Review, 10 (2). pp. 341-357. ISSN 0973-2918 http://www.serialsjournals.com |
| spellingShingle | KBP Islamic Law Chiroma, Magaji Arifin, Mahamad Ansari, Abdul Haseeb Abdullah, Mohamad Asmadi A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal |
| title | A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal |
| title_full | A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal |
| title_fullStr | A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal |
| title_full_unstemmed | A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal |
| title_short | A jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal |
| title_sort | jurisprudential overlap between fatwa, ijtihad, ijma, qiyas, istislah and istihsan: an appraisal |
| topic | KBP Islamic Law |
| url | http://irep.iium.edu.my/42449/ http://irep.iium.edu.my/42449/ http://irep.iium.edu.my/42449/1/5-Magaji_Chiroma.pdf http://irep.iium.edu.my/42449/4/a_jurisprudential.pdf |