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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]
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]
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.
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 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 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.
A Mujtahid Muqayyad must pass rulings according to the confines of his particular madhhab (school of jurisprudence), or particular area of specialization. [6] This is according to the view that ijtihad or the ability of legal deduction can be achieved in specified areas, and does not require a holistic grasp of the Shariah and its entailing ...