law-11 - Lecture Handout

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ISLAMIC LAW Commonly Used Technical Terms : sharīʿa (the sacred law of Islam; a comprehensive system of law derived from the Qurʾān and the sunna ) fiqh (jurisprudence, the science/philosophy of law, the academic discipline whereby scholars describe and explore the sharīʿa ) faqīh pl. fuqahāʾ (expert in fiqh = legal scholar, jurist) qāḍī (cadi, judge) ijmāʿ (consensus [of the jurists, or of the community]) ijtihād (exerting one’s own opinion [on an issue not explicitly covered by the texts, i.e., the Qurʾān and the sunna ]; the exercise of independent judgment so as to arrive at a fresh interpretation of a point at issue; jurisprudential interpretation); it generally uses qiyās or raʾy raʾy (personal opinion; a judge’s opinion/decision based upon his own discretion) qiyās (analogical deduction; reasoning by analogy) fiqh and sharīʿa , at times used synonymously, though sharīʿa retains the connotation of divine, fiqh specifically refers to human endeavors-
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law-11 - Lecture Handout

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