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JURISPRUDENT APPLICATIONS OF THE RULE ‘NO HARM, NO FOUL’ FROM IMAM NAWAWI’S BOOK MINHAJ AL-TALBIN
(JURISPRUDENT APPLICATIONS OF THE RULE ‘NO HARM, NO FOUL’ FROM IMAM NAWAWI’S BOOK MINHAJ AL-TALBIN )

Yazar : Asmaa Ibrahim Ismael  & Younis Thalij Saleh  
Türü :
Baskı Yılı : 2021
Sayı : 67
Sayfa : 26-48
65    115


Özet
Thanks be to God for His kindness and grace, and prayers and peace be upon the last of His Prophets. The term ‘jurisprudent rules’ is a condensed jurisprudential term that expresses established concepts in Islamic Jurisprudence as well as legal fundamental concepts which are adopted by doctrines of Ijtihad in order to find suitable solutions to the problems that befall the Muslims whether in worship, transactions, personal and family affairs, felonies, or the judiciary and judicial evidence. This can be attained by documenting each case to be used in the future as a criteria via which to derive the jurisprudent rule and solve the problem accordingly. These jurisprudent rules encompass many laws of Islamic Shari’ah derived and formulated in an easy and concise form from the meanings of the Holy texts in the Quran and Sunna, by the religious scholars of the Islamic Ummah over the ages. Therefore, they have become so popular and are widely used in the Islamic world to the extent that they take the form of common maxims. One of these jurisprudent rules is “No Harm, No Foul”, which is the main concern of this study, because of its great importance in the field of Islamic Jurisprudence. This study presents a definition of the Jurisprudent rule ‘No Harm, No Foul’ as a term as well as an overall explanation of its sources and different forms. It mainly focuses on the significance of this rule in Imam Nawawi’s writings through the example of his book Minhaj Al-Talbin by presenting some jurisprudent applications from different aspects.

Anahtar Kelimeler
Imam Nawawi, Islamic Shari’ah, jurisprudent applications, jurisprudent rules, Minhaj Al-Talbin, ‘No Harm, No Foul’.

Abstract
Thanks be to God for His kindness and grace, and prayers and peace be upon the last of His Prophets. The term ‘jurisprudent rules’ is a condensed jurisprudential term that expresses established concepts in Islamic Jurisprudence as well as legal fundamental concepts which are adopted by doctrines of Ijtihad in order to find suitable solutions to the problems that befall the Muslims whether in worship, transactions, personal and family affairs, felonies, or the judiciary and judicial evidence. This can be attained by documenting each case to be used in the future as a criteria via which to derive the jurisprudent rule and solve the problem accordingly. These jurisprudent rules encompass many laws of Islamic Shari’ah derived and formulated in an easy and concise form from the meanings of the Holy texts in the Quran and Sunna, by the religious scholars of the Islamic Ummah over the ages. Therefore, they have become so popular and are widely used in the Islamic world to the extent that they take the form of common maxims. One of these jurisprudent rules is “No Harm, No Foul”, which is the main concern of this study, because of its great importance in the field of Islamic Jurisprudence. This study presents a definition of the Jurisprudent rule ‘No Harm, No Foul’ as a term as well as an overall explanation of its sources and different forms. It mainly focuses on the significance of this rule in Imam Nawawi’s writings through the example of his book Minhaj Al-Talbin by presenting some jurisprudent applications from different aspects.

Keywords
Imam Nawawi, Islamic Shari’ah, jurisprudent applications, jurisprudent rules, Minhaj Al-Talbin, ‘No

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