The relationship between the purposes of the law and legal reasoning

It is argued that, since qiyas presents a mechanism for the derivation of rulings from the textual sources of the law, in the light of its purposes, the existence of a relation between qiyas and the purposes of the law can be visualized. For, it is in the light of the consideration of the purposes t...

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Main Authors:	Laluddin, Hayatullah, Mohd. Nor, Amir Husin, Ibrahim, Ibnor Azli, Muhammad Husni, Ahmad, El-Seoudi, Abdel Wadoud Moustafa Moursi, Omar, Anwar Fakhri, Samsudin, Muhammad Adib, Alias, Muhammad Nazir
Format:	Article
Language:	English English
Published:	Medwell Journals 2012
Subjects:	KBP Islamic Law
Online Access:	http://irep.iium.edu.my/40427/ http://irep.iium.edu.my/40427/ http://irep.iium.edu.my/40427/ http://irep.iium.edu.my/40427/1/40427_The%20relationship%20between%20the%20purposes.pdf http://irep.iium.edu.my/40427/2/40427_The%20relationship%20between%20the%20purposes_SCOPUS.pdf

id	iium-40427
recordtype	eprints
spelling	iium-404272019-05-27T02:03:01Z http://irep.iium.edu.my/40427/ The relationship between the purposes of the law and legal reasoning Laluddin, Hayatullah Mohd. Nor, Amir Husin Ibrahim, Ibnor Azli Muhammad Husni, Ahmad El-Seoudi, Abdel Wadoud Moustafa Moursi Omar, Anwar Fakhri Samsudin, Muhammad Adib Alias, Muhammad Nazir KBP Islamic Law It is argued that, since qiyas presents a mechanism for the derivation of rulings from the textual sources of the law, in the light of its purposes, the existence of a relation between qiyas and the purposes of the law can be visualized. For, it is in the light of the consideration of the purposes that the rational of a given text is extended to the cases that do not come under its purview. This article therefore, attempts to highlight and analyze the relation between the purposes of the law and qiyas. It also investigates the literal and technical meanings of qiyas and purposes of the law and evaluates their relation in the light of latter providing justification for the former in respect of extension and restriction of legal rulings. The authors, using descriptive and analytical approach, conclude that the purposes of the law by virtue of their potential role in qiyas (legal reasoning) equip the jurist with the ability and insight in how to apply the rulings strictly and when to mitigate them, a fact underscoring the existence of a strong relation between the two. Medwell Journals 2012 Article PeerReviewed application/pdf en http://irep.iium.edu.my/40427/1/40427_The%20relationship%20between%20the%20purposes.pdf application/pdf en http://irep.iium.edu.my/40427/2/40427_The%20relationship%20between%20the%20purposes_SCOPUS.pdf Laluddin, Hayatullah and Mohd. Nor, Amir Husin and Ibrahim, Ibnor Azli and Muhammad Husni, Ahmad and El-Seoudi, Abdel Wadoud Moustafa Moursi and Omar, Anwar Fakhri and Samsudin, Muhammad Adib and Alias, Muhammad Nazir (2012) The relationship between the purposes of the law and legal reasoning. International Business Management, 6 (2). pp. 223-227. ISSN 1993-5250 http://medwelljournals.com/abstract/?doi=ibm.2012.223.227 10.3923/ibm.2012.223.227
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Laluddin, Hayatullah Mohd. Nor, Amir Husin Ibrahim, Ibnor Azli Muhammad Husni, Ahmad El-Seoudi, Abdel Wadoud Moustafa Moursi Omar, Anwar Fakhri Samsudin, Muhammad Adib Alias, Muhammad Nazir The relationship between the purposes of the law and legal reasoning
description	It is argued that, since qiyas presents a mechanism for the derivation of rulings from the textual sources of the law, in the light of its purposes, the existence of a relation between qiyas and the purposes of the law can be visualized. For, it is in the light of the consideration of the purposes that the rational of a given text is extended to the cases that do not come under its purview. This article therefore, attempts to highlight and analyze the relation between the purposes of the law and qiyas. It also investigates the literal and technical meanings of qiyas and purposes of the law and evaluates their relation in the light of latter providing justification for the former in respect of extension and restriction of legal rulings. The authors, using descriptive and analytical approach, conclude that the purposes of the law by virtue of their potential role in qiyas (legal reasoning) equip the jurist with the ability and insight in how to apply the rulings strictly and when to mitigate them, a fact underscoring the existence of a strong relation between the two.
format	Article
author	Laluddin, Hayatullah Mohd. Nor, Amir Husin Ibrahim, Ibnor Azli Muhammad Husni, Ahmad El-Seoudi, Abdel Wadoud Moustafa Moursi Omar, Anwar Fakhri Samsudin, Muhammad Adib Alias, Muhammad Nazir
author_facet	Laluddin, Hayatullah Mohd. Nor, Amir Husin Ibrahim, Ibnor Azli Muhammad Husni, Ahmad El-Seoudi, Abdel Wadoud Moustafa Moursi Omar, Anwar Fakhri Samsudin, Muhammad Adib Alias, Muhammad Nazir
author_sort	Laluddin, Hayatullah
title	The relationship between the purposes of the law and legal reasoning
title_short	The relationship between the purposes of the law and legal reasoning
title_full	The relationship between the purposes of the law and legal reasoning
title_fullStr	The relationship between the purposes of the law and legal reasoning
title_full_unstemmed	The relationship between the purposes of the law and legal reasoning
title_sort	relationship between the purposes of the law and legal reasoning
publisher	Medwell Journals
publishDate	2012
url	http://irep.iium.edu.my/40427/ http://irep.iium.edu.my/40427/ http://irep.iium.edu.my/40427/ http://irep.iium.edu.my/40427/1/40427_The%20relationship%20between%20the%20purposes.pdf http://irep.iium.edu.my/40427/2/40427_The%20relationship%20between%20the%20purposes_SCOPUS.pdf
first_indexed	2023-09-18T20:58:00Z
last_indexed	2023-09-18T20:58:00Z
_version_	1777410434031157248

The relationship between the purposes of the law and legal reasoning

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