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Theories of iftā’ in Islamic law with special reference to the Shāfi‘ī school of law and their application in contemporary Singapore

Bakaram, Mohamed Fatris (2010)
Ph.D. thesis, University of Birmingham.

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Abstract

This research aims to identify the legal theories developed and employed by the jurists of the Shāfi‘ī school of law for the purpose of issuing fatāwā. It intends to shed light on how these jurists understand the term iftā’, and what are the elements in their view that constitute the legal framework that they utilize for iftā’. This research also attempts to determine the differences between iftā’ and the general process of formulating legal rulings by way of ijtihād, and the factors of consideration that may result in the existence of such a differentiation. This research argues that the existing legal discourse within the Shāfi‘ī madhhab has not rendered due attention to the significance of iftā’, and thus there exist a dearth of literature within the madhhab on the legal theories of iftā’. This research also analyzes examples of fatāwā issued by the Singapore Fatwa Committee with the aim to comprehend how the legal theories of iftā’, lacking they may be within the legal deliberations of the Shāfi‘ī madhhab, have an influence on the iftā’ institution of the state and the fatāwā it issued.

Type of Work:Ph.D. thesis.
Supervisor(s):Khir, Bustami
School/Faculty:Colleges (2008 onwards) > College of Arts & Law
Department:School of Philosophy, Theology and Religion
Subjects:BP Islam. Bahaism. Theosophy, etc
Institution:University of Birmingham
ID Code:1121
This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder.
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