{"id":2197,"date":"2019-11-09T02:30:32","date_gmt":"2019-11-09T02:30:32","guid":{"rendered":"http:\/\/projectstore.com.ng\/?p=2197"},"modified":"2019-11-09T02:30:32","modified_gmt":"2019-11-09T02:30:32","slug":"an-examination-of-the-causes-of-juristic-differences-in-interpretation-in-islamic-law","status":"publish","type":"post","link":"https:\/\/lawstudentprojectpdf.projectstore.com.ng\/an-examination-of-the-causes-of-juristic-differences-in-interpretation-in-islamic-law\/","title":{"rendered":"AN EXAMINATION OF THE CAUSES OF JURISTIC DIFFERENCES IN INTERPRETATION IN ISLAMIC LAW"},"content":{"rendered":"

<\/span>AN EXAMINATION OF THE CAUSES OF JURISTIC DIFFERENCES IN INTERPRETATION IN ISLAMIC LAW<\/strong><\/span><\/h1>\n

<\/span>ABSTRACT<\/em><\/span><\/h2>\n

Differing is inevitable among people, because of individual natural differences regarding thinking, understanding, power of assimilation, intellect, etc. Thus, differences and contradictions are a natural outcome. Incidentally people have grossly misconceived differences of opinion among the jurists either due to their ignorance or lack of understanding of the nature of texts of the Qur\u2019an<\/u> and the Sunnah<\/u>, and where the text is silent.Modern advocacy for adherence to hadith<\/u> that has emerged in recent time, has painted a sordid picture of the classical jurists, depicting their works as mere academic exercise. This notion needs to be corrected. Otherwise, the Shari\u2019ah<\/u> will, in turn, not be suitable and applicable to new situations for which there is no decisive ruling in both the Holy Qur\u2019an<\/u> and the Sunnah<\/u>.The aim is to show\u00a0 that the nature of the Qur\u2019anic provisions makes the phenomenon of Ikhatilaaf<\/u> (difference of opinion) among the jurists inevitable, that the nature of the provisions found in the Sunnah<\/u> gives room for difference of opinion in interpretation among the jurists and that apparent Silence of the Shari\u2019ah<\/u> regarding some matters has contributed on a large scale, to difference of opinion among the jurists. The juristic differences that arose among the jurists have been contrasted under the following main causes namely; the nature of the Qur\u2019an<\/u> provisions, the nature of the texts of the Sunnah<\/u> and silence of the texts term both the Qur\u2019an<\/u> and the Sunnah.<\/u>The research methodology of the thesis was doctrinal. In the course of the research, some findings were made. The research found that the nature of evidences found in the Qur\u2019an<\/u> and the Sunnah<\/u> give room for interpretation and as a result of that, differences prevail among the jurists of Islamic law. The research recommends that causes of juristic differences in interpretation in Islamic Law should be taken as a course for Islamic Law students in our Universities.<\/em><\/p>\n

<\/span>CHAPTER ONE GENERAL INTRODUCTION
\nIntroduction<\/span><\/h2>\n

It will be wrong for anyone to consider the divergent views of Muslim jurists (both early and present) on issues or matters as mere academic exercise. Differing is inevitable among mankind because of individual natural differences regarding thinking, understanding, power of assimilation, intellect, etc. Thus, differences and contradictions are a natural outcome. Allah The Most High says: \u201cAnd if your Lord had willed, He could have made mankind one community; but they will not cease to differ\u201d1
\nTexts under Islamic Law are general in their nature, and give room for interpretations. Some of the provisions from the Qur\u201fan are not opento interpretations. On the other hand, some of its provisions are open to different interpretations. Similarly, there are parts of the texts of Sunnah
\nwhich are subjected to interpretations and there are some which are not. Some matters are neither expressly mentioned in the Qur\u201fan nor the Sunnah, and this is regarded as silence of the texts regarding them. This has made the jurists to develop some certain principles. The detailed texts<\/p>\n

found in the Qur\u201fan<\/u> and the Sunnah<\/u> according to the Islamic Jurists, are divided into four types as follows:<\/p>\n