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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 ...
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]
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.
Judicial precedent (aka: case law, or judge-made law) is based on the doctrine of stare decisive, and mostly associated with jurisdictions based on the English common law, but the concept has been adopted in part by Civil Law systems. Precedent is the accumulated principles of law derived from centuries of decisions.
Uşūl al-Fiqh, the methodology of jurisprudence, which is usually – and inaccurately, if not incorrectly – translated “principles of jurisprudence,” is an Islamic science which is developed by Shiite scholars in two recent centuries into an unparalleled intellectual, logical system of thought and a comprehensive branch of knowledge ...
Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...
Fiqh (/ f iː k /; [1] Arabic: فقه) is Islamic jurisprudence. [2] Fiqh is often described as the style of human understanding and practices of the sharia; [3] that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions).
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 ...