| dc.description.abstract | ABSTRACT
This thesis analyses al-qawa'id al-fiqhiyyah (Islamic legal maxims), one of
the significant disciplines of Islamic legal thought. It aims to introduce the
subject theoretically and practically. For the former, it introduces the
principal abstract areas relating to the discipline: namely, definition,
functions, types, sources, relationship with other disciplines of Islamic legal
thought. It also traces the historical development of the discipline from the
earliest stages to recent times. These areas are covered in the first two
chapters, which comprise almost half of the whole thesis. For the practical
element of the thesis, the discussion aims to present the various practical
applications of al-qawa'id al-fiqhiyyah through two means. First,
examining the so-called al-qawa'id al-khams al-kubra (the five universal
maxims) and al-qawa'id al-kulliyyah (the general maxims), which have
been seen as representative of the entire field, due to their large scope of
application over the fiqh particulars. The discussion mostly contains the
examples that jurists have adduced in the course of history. In some cases,
however, examples of contemporary issues have also been added. The main
focus is to show the significance of qawa'id in categorizing the scattered
and, sometimes, unmanageable fiqh cases into general principles. This is
presented in two chapters: the third and fourth. Second, examining the use
of al-qawa'id al-fiqhiyyah in deducing legal determination for
contemporary issues. Six medical issues have been selected to be study
cases in this regard. The aim is to show the importance of qawa'id in the
area of ijtihad and finding out the legal status for the novel issues. This has
been presented in the last chapter. | en_GB |
