THE POSITION OF INDUCTION (ISTIQRA) IN DEDUCING AN ISLAMIC LAW VERDICT AND LEGAL DOCTRINE

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NAQIBI SAYYED ABULQASEM

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Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2015 | Volume:- | Issue:12 Page(s): 69-95

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Information Journal Paper

Title

THE POSITION OF INDUCTION (ISTIQRA) IN DEDUCING AN ISLAMIC LAW VERDICT AND LEGAL DOCTRINE

Author(s)

NAQIBI SAYYED ABULQASEM | Issue Writer Certificate

Keywords

INDUCTION (ISTIQRA’)Q2

FIQHQ2

THE LAW (LEGAL CODE)Q2

DEDUCING A GENERAL ISLAMIC JURISPRUDENTIAL ORDINANCEQ2

A LEGAL DOCTRINEQ1

ISLAMIC JURISPRUDENTIAL PRINCIPLEQ2

ISLAMIC JURISPRUDENTIAL THEORYQ2

LEGAL THEORYQ2

Abstract

In the term of science of law and FIQH (Islamic jurisprudence), induction (Istiqra’) is a reasoning that the mind (consciousness) of faqih (Islamic jurist) and law jurist have deduce the common attributions (features) of all ahkam (ordinances) and laws with considering a lot of ahkam (ordinances), laws and regulations (statutes) which the legislature and divine legislator (shar’) have made and enacted for some cases, and they present them as a general Islamic jurisprudential ordinance (verdict) or legal doctrine and the manner (practice) of wise men, the unity of criterion with the validity of meaningfully recurrent, innate multiplying of knowledge, the unity of criterion with the validity of Suspicion in the particular instances have been counted of the validity of the induction (Istiqra’) in deducing general jurisprudential ahkam or ordinances and legal doctrines.The legal liability of ownership of the object of sale and price in the defective contract, the excusal of maker (originator), the principle of No harm, no harassment in Islam, the principle of tazir (punishment for crime not measuring up to the strict requirements of hadd punishment) according to the recognition of the governor (Al-Ta’zir Bema Yarah al-Hakim) are of many general Islamic jurisprudential ordinances or legal doctrines which are obtained by the mechanism of induction (Istiqra’). The Islamic jurist (faqih) for DEDUCING A GENERAL ISLAMIC JURISPRUDENTIAL ORDINANCEs and law scholar for finding A LEGAL DOCTRINE use (step) two stages; First, they collect cases and evidences which are the same and similar and in the second step, with a careful look to the matches and equals in hukm (legal doctrine) and subject of hukm, they achieve a proposition which contains a general Islamic jurisprudential ordinance or legal doctrine and obtain its scope and area.

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APA: Copy

NAQIBI, SAYYED ABULQASEM. (2015). THE POSITION OF INDUCTION (ISTIQRA) IN DEDUCING AN ISLAMIC LAW VERDICT AND LEGAL DOCTRINE. CIVIL JURISPRUDENCE DOCTRINES, -(12), 69-95. SID. https://sid.ir/paper/227252/en

Vancouver: Copy

NAQIBI SAYYED ABULQASEM. THE POSITION OF INDUCTION (ISTIQRA) IN DEDUCING AN ISLAMIC LAW VERDICT AND LEGAL DOCTRINE. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2015;-(12):69-95. Available from: https://sid.ir/paper/227252/en

IEEE: Copy

SAYYED ABULQASEM NAQIBI, “THE POSITION OF INDUCTION (ISTIQRA) IN DEDUCING AN ISLAMIC LAW VERDICT AND LEGAL DOCTRINE,” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 12, pp. 69–95, 2015, [Online]. Available: https://sid.ir/paper/227252/en

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