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In addition to the Quran and hadith, the classical theory of Sunni jurisprudence recognizes secondary sources of law: juristic consensus (ijmaʿ) and analogical reasoning . [3] It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are ...
Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The terminology was already used in Rome by Cicero as a metaphor referring to the "fountain" ("fons" in Latin) of law. Technically, anything that can create, change, or cancel any right or law is considered a source of law. [1]
Various sources of Islamic Laws are used by Islamic jurisprudence to elaborate the body of Islamic law. [1] In Sunni Islam, the scriptural sources of traditional jurisprudence are the Holy Qur'an, believed by Muslims to be the direct and unaltered word of God, and the Sunnah, consisting of words and actions attributed to the Islamic prophet Muhammad in the hadith literature.
The Hanafis consider it as an ancillary source of law that is subordinate to the primary sources of law. [2] Urf is divided into two types: general ( al-urf al-'amm ) and special ( al-urf al-khass ). A general urf refers to a customary practice that is widely accepted among a people regardless of the time period.
The Jaʿfarī school, [a] also known as the Jafarite school, Jaʿfarī fiqh (Arabic: الفقه الجعفري) or Ja'fari jurisprudence, is a prominent school of jurisprudence (fiqh) within Twelver and Ismaili (including Nizari) [1] Shia Islam, named after the sixth Imam, Ja'far al-Sadiq. [2]
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics , ethics ...
The word fiqh is an Arabic term meaning "deep understanding" [7]: 470 or "full comprehension". Technically it refers to the body of Islamic law extracted from detailed Islamic sources (which are studied in the principles of Islamic jurisprudence) and the process of gaining knowledge of Islam through jurisprudence.
The other three schools of Sunnī jurisprudence are Ḥanafī, Mālikī and Ḥanbalī. [1] [2] Like the other schools of fiqh, Shafiʽi recognize the First Four Caliphs as the Islamic prophet Muhammad's rightful successors and relies on the Qurʾān and the "sound" books of Ḥadīths as primary sources of law.