Istidrak in Fiqh: Principles and Applications
Abstract
The present study is a thesis submitted for the requirements of the degree of Master in Fiqh. It carries out a simultaneous investigation of theorization and application in relevance to istidrak and aims at setting a framework for istidrak as a method of investigation and theorization in Fiqh. The study is divided into three chapters:
Chapter I is devoted to: a) defining istidrak as a technical term in Fiqh and distinguishing it from other close terms including naqd, tankit, ziyadat, tahrir, tanqih , tahdhib, tashih , ta'aqqub, ta'qib and ta'liq; b) deducing principles governing the process of istidrak from Qur'an, Sunnah, general principles and general maxims of shari ́ah; c) clarifying pillars and conditions of istidrak and its various types - types of istidrak are categorized according to different criteria: whose opinion has been rectified, constituents of a Fiqhi statement, different viewpoints of personal reasoning in a particular case, and its logical and actual themes; d) illustrating purposes of istidrak; e) surveying its forms and expressions: formal and rhetorical; and finally f) discussing areas in which it is involved along three dimensions: scholars of Fiqh, different Fiqh cases, and books of Fiqh.
Chapter II discusses the criteria governing the process of istidrak and its methodology and approaches.
Chapter III exposes ethics of conducting istidrak in Fiqh and its influence on the development of Fiqh approaches, authorship and publications, knowledge in general, and on human relationships.
The study is concluded with a condensed summarization and deduction of principles governing the process of istidrak together with the expected uses and benefits of its varieties and its varied influences. The study has several recommendations among which are: establishing a specialized section for naqd and istidrak in research centres and teaching the methodology of naqd and istidrak in Islamic schools.
- By:
Majmool Ahmad Humayyed Al - Jedani
- Supervised by:
Dr Abdullh Ibn Atiyyah Al - Ghamdi
- Dean of the College of Shariah and Islamic Studies:
Prof. Ghazi Marshad Khalaf Al - Harbi
