Abstract

 

The Contemporary Islam Jurists' Approach  in Dealing with the “Exceptional Circumstances Theory”: Analysis and Criticism

 

Ayman Mustafa Hussein Dabbagh

 

This research aims to answer the  question: Does the approach to reestablish  the above-mentioned theory on the applications of ancient  jurists sound true in its basics and consequences? The research followed inductive and analytic approach. The research is characterized as the first search in the contemporary Islam jurists' approach in the subject, and it involved  analysis and criticism of that approach that was not used earlier. The search was divided into eight sections: dealing with the definition of the theory, contemporary Islam jurists approach, and criticism of some of its aspects. The research arrived at different findings such as the insufficiency of the approach to reestablish on the applications of ancient  jurists to meet new developments or to achieve justice in the field of the theory. Reestablishment of the theory on the ancient implementation  of “wad’a al jawwaih” is not based on appropriate principles.  The theory should be deeply  rooted with all its provisions in the nature of the right in Islamic jurisprudence, which itself  is based on justice and true interest.

 

Title

منشور في: مجلة النجاح للأبحاث (العلوم الإنسانية)، جامعة النجاح الوطنية، نابلس، فلسطين، المجلد28، العدد7، 2014.

Publisher

جامعة النجاح الوطنية

Publisher Country

Palestine

Publication Type

Both (Printed and Online)

Volume

28

Year

2014

Pages

1665-1704