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Dealing with facts in judicial process: A reflection of ijtihadic practice

The importance of understanding the factual reality (fahm al-waqi‘) has been widely recognized by Muslim jurists in their discussion relating to Islamic legal theory. It has been regarded as an important element for the practice of ijtihad and accepted as a valid justification for renewal of ijti...

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Main Authors: Mohd Badrol, Awang, Mohd Lotpi, Mohd Yusob
Format: Conference or Workshop Item
Language:English
Published: 2016
Subjects:
BP Islam. Bahaism. Theosophy, etc
K Law (General)
Online Access:http://eprints.unisza.edu.my/903/1/FH03-FUHA-17-08951.pdf
http://eprints.unisza.edu.my/903/
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spelling my-unisza-ir.9032020-11-01T02:30:15Z http://eprints.unisza.edu.my/903/ Dealing with facts in judicial process: A reflection of ijtihadic practice Mohd Badrol, Awang Mohd Lotpi, Mohd Yusob BP Islam. Bahaism. Theosophy, etc K Law (General) The importance of understanding the factual reality (fahm al-waqi‘) has been widely recognized by Muslim jurists in their discussion relating to Islamic legal theory. It has been regarded as an important element for the practice of ijtihad and accepted as a valid justification for renewal of ijtihad. In light of the above, yet in a different context, the paper discusses the judicial concept of al-da‘wa and the significance of fahm al-waqi‘or understanding the fact of legal disputes (al-da‘awa) in Islamic judicial process. It examines the position of fahm al-waqi‘ in judicial process as well as the process that should be taken by the judges in dealing with the facts of the legal disputes. The study proves that, as in the process of formulating legal rulings (istinbat al-ahkam), understanding the facts of the cases assumes a very critical position in the judicial process, the ignorance of which will effect propriety of legal decisions and thus leading to injustice in decision making. Further, the paper argues that the process of understanding the fact of the case constitutes a form of ijtihad and that it must be undertaken by all judges regardless of their status whether they are mujtahid or muqallid. 2016 Conference or Workshop Item NonPeerReviewed text en http://eprints.unisza.edu.my/903/1/FH03-FUHA-17-08951.pdf Mohd Badrol, Awang and Mohd Lotpi, Mohd Yusob (2016) Dealing with facts in judicial process: A reflection of ijtihadic practice. In: 5TH INTERNATIONAL CONFERENCE ON LAW AND SOCIETY, 18-19 Apr 2016, PATTANI, THAILAND.
institution Universiti Sultan Zainal Abidin
building UNISZA Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Sultan Zainal Abidin
content_source UNISZA Institutional Repository
url_provider https://eprints.unisza.edu.my/
language English
topic BP Islam. Bahaism. Theosophy, etc
K Law (General)
spellingShingle BP Islam. Bahaism. Theosophy, etc
K Law (General)
Mohd Badrol, Awang
Mohd Lotpi, Mohd Yusob
Dealing with facts in judicial process: A reflection of ijtihadic practice
description The importance of understanding the factual reality (fahm al-waqi‘) has been widely recognized by Muslim jurists in their discussion relating to Islamic legal theory. It has been regarded as an important element for the practice of ijtihad and accepted as a valid justification for renewal of ijtihad. In light of the above, yet in a different context, the paper discusses the judicial concept of al-da‘wa and the significance of fahm al-waqi‘or understanding the fact of legal disputes (al-da‘awa) in Islamic judicial process. It examines the position of fahm al-waqi‘ in judicial process as well as the process that should be taken by the judges in dealing with the facts of the legal disputes. The study proves that, as in the process of formulating legal rulings (istinbat al-ahkam), understanding the facts of the cases assumes a very critical position in the judicial process, the ignorance of which will effect propriety of legal decisions and thus leading to injustice in decision making. Further, the paper argues that the process of understanding the fact of the case constitutes a form of ijtihad and that it must be undertaken by all judges regardless of their status whether they are mujtahid or muqallid.
format Conference or Workshop Item
author Mohd Badrol, Awang
Mohd Lotpi, Mohd Yusob
author_facet Mohd Badrol, Awang
Mohd Lotpi, Mohd Yusob
author_sort Mohd Badrol, Awang
title Dealing with facts in judicial process: A reflection of ijtihadic practice
title_short Dealing with facts in judicial process: A reflection of ijtihadic practice
title_full Dealing with facts in judicial process: A reflection of ijtihadic practice
title_fullStr Dealing with facts in judicial process: A reflection of ijtihadic practice
title_full_unstemmed Dealing with facts in judicial process: A reflection of ijtihadic practice
title_sort dealing with facts in judicial process: a reflection of ijtihadic practice
publishDate 2016
url http://eprints.unisza.edu.my/903/1/FH03-FUHA-17-08951.pdf
http://eprints.unisza.edu.my/903/
_version_ 1683234946091581440
score 13.211869

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