ESTESLAH (EXPEDIENCY) AND DYNAMIC FIQH

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SABERI H.

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Journal: JOURNAL OF ISLAMIC STUDIES Year:2001 | Volume:- | Issue:49-50 Page(s): 235-286

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Title

ESTESLAH (EXPEDIENCY) AND DYNAMIC FIQH

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SABERI H. | Issue Writer Certificate

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Abstract

Laws and ordinances legislated and commanded in the shari"ah are undoubtedly based on some advantages and disadvantages and are meant to help people achieve some lofty goals. If it is maintained that rules legislated in the shari"ah are based on the principles of expediency (advantages/disadvantages), can we then make laws based on the principle of expediency? In fact what is referred to as "esteslāh/maslahah morsalah" in the Sunni schools ofJurisprudence, especially in the Mālikite school, is an answer to the question at hand. This article discusses the process of rational reasoning in deducing juridical rules on the basis of the principle of expediency. Giving an introduction to the discussion and a definition of esteslāh, the writer then addresses issues such as the following: classifications of esteslāh, the scope of the issue, views and arguments for and against esteslāh. The writer then discusses changes that occur in rules according to the principle of expediency. Finally, the Shi"ite scholars" views are discussed. Throughout the article, the writer holds that the principle of expediency has to be enforced and implemented fiqh is to remain dynamic and satisfy the emerging and changing needs of the society.

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APA: Copy

SABERI, H.. (2001). ESTESLAH (EXPEDIENCY) AND DYNAMIC FIQH. JOURNAL OF ISLAMIC STUDIES, -(49-50), 235-286. SID. https://sid.ir/paper/29642/en

Vancouver: Copy

SABERI H.. ESTESLAH (EXPEDIENCY) AND DYNAMIC FIQH. JOURNAL OF ISLAMIC STUDIES[Internet]. 2001;-(49-50):235-286. Available from: https://sid.ir/paper/29642/en

IEEE: Copy

H. SABERI, “ESTESLAH (EXPEDIENCY) AND DYNAMIC FIQH,” JOURNAL OF ISLAMIC STUDIES, vol. -, no. 49-50, pp. 235–286, 2001, [Online]. Available: https://sid.ir/paper/29642/en

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