A perspective on Islamic legal methodology in terms of objectives of law: (a comparative analysis with special reference to English equity and Istihsan)

This study examines the development of Islamic legal methodology in terms of the principles laid down by the Prophet and strictly followed by the companions. These principles manifest an underlying theme or objective for the development of Islamic legal methodology: the law must be interpreted in terms of human interest, for achieving benefit and avoiding harm. Islamic history has subsequently seen tensions between proponents of innovative legal methods which were not in accordance with the principles introduced by the Prophet and his companions. Accordingly, this thesis will trace to what extent the legal methodology developed in terms of this objective of law, during the three major stages which began with the Prophet followed by his companions and then up to the time of Ibn Taymiyah (d.728/1327AC), and its role in the twenty-first century. Although the main focus of this thesis is on the overall development of the methodology in the context of the objective of its law, the subsidiary sources of Islamic law, like istihsan had an important role, just as equity has in the English legal system. Not surprisingly, therefore, istihsan, the earliest, most flexible and versatile of the subsidiary sources which have broader objectives, is claimed to be similar, if not identical, to equity. Both have contributed in different ways to the development of the respective legal methodologies. Therefore, because of their many similarities but also because they are structured differently and operating at different levels, they are also analysed here in relation to legal methodology. This allows an examination within the context of objectives of law, as to whether there is any new role for Istihsan in the overall development of Islamic legal methodology, to meet the challenges of the twenty-first century.

Name dc:type.qualificationname

phd

Level dc:type.qualificationlevel

doctoral

Grantor dc:publisher.institution

University of Wales Trinity Saint David

Year dc:date.issued

2010

Author dc:creator

• Razik, Mohamed Haniffa Mohamed

• BP Islam. Bahaiaeth. Theosoffi, ac yn y blaen

Dc Identifier Grantnumber

UWTSD

OAI identifier oai:identifier

oai:repository.uwtsd.ac.uk:2007