Master'sOpen Access

The reasons of the exception from fiqh principles

2018
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Advisor: Dr. Öğr. Üyesi Eren Gündüz

Abstract (EN)

The research is talking about the approach of exception from the principles of Fiqh. Nevertheless, we find that in the most cases of exceptions the jurists declare neither the reason of the exception nor the "maqasid of Shariah" behind it. Or they declare it in short, this leads us to study the reasons of making an exception and to think of a coherent theoretical paradigm that restrict jurists job when they make an exception out of some rule and try to find the features of this paradigm. Now in order to get to this point I have explored the excluded issues from principles of Fiqh, analyzed the reasons of their exception, and their maqasid of Shariah in order to understand what the Fiqh takes into account when making an exception. Going through, the comparative approach was used to create a comprehensive vision that attempted to cover the the four doctrines of jurisprudence. The research has reached to the importance of the strong relationship between the reason of the exclusion and its maqasid of Shariah, and that the jurisprudence resort to the exception whenever he founds that adherence to the general rule will miss a shar'i purpose embarrass people. The research also suggested a standard paradigm that explains the mechanism of exception. This paradigm has been applied to issues that are excluded from various sections of jurisprudence, comparing the four doctrines.

Author

Mohamad Nadeem Alhaj Rabıe

How to Cite

Mohamad Nadeem Alhaj Rabıe (Master Thesis). The reasons of the exception from fiqh principles, 2018, Bursa Uludağ Üni̇versi̇ty.

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