The relationship between the purposes of the law and legal reasoning

Hayatullah Laluddin, Amir Husin Mohd Nor, Abdel Wadoud Moustafa Moursi El-Seoudi, Ibnor Azli Ibrahim, Ahmad Muhammad Husni, Anwar Fakhri Omar, Muhammad Adib Samsudin, Muhammad Nazir Alias

Research output: Contribution to journalArticle

1 Citation (Scopus)

Abstract

It is argued that since qiyas presents a mechanism for the derivation of rulings from the textual sources of the law in the light of its purposes, the existence of a relation between qiyas and the purposes of the law can be visualized. For, it is in the light of the consideration of the purposes that the rational of a given text is extended to the cases that do not come under its preview. This study therefore, attempts to highlight and analyze the relation between the purposes of the law and qiyas. It also investigates the literal and technical meanings of qiyas and purposes of the law and evaluates their relation in the light of latter providing justification for the former in respect of extension and restriction of legal rulings. The researchers, using descriptive and analytical approach, conclude that the purposes of the law by virtue of their potential role in qiyas (legal reasoning) equip the jurist with the ability and insight in how to apply the rulings strictly and when to mitigate them, a fact underscoring the existence of a strong relation between the two.

Original languageEnglish
Pages (from-to)223-227
Number of pages5
JournalInternational Business Management
Volume6
Issue number2
DOIs
Publication statusPublished - 2012

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Keywords

  • General principles
  • Islamic law
  • Legal reasoning
  • Malaysia
  • Purposes of law
  • Qiyas

ASJC Scopus subject areas

  • Business and International Management
  • Strategy and Management

Cite this

The relationship between the purposes of the law and legal reasoning. / Laluddin, Hayatullah; Nor, Amir Husin Mohd; El-Seoudi, Abdel Wadoud Moustafa Moursi; Ibrahim, Ibnor Azli; Muhammad Husni, Ahmad; Omar, Anwar Fakhri; Samsudin, Muhammad Adib; Alias, Muhammad Nazir.

In: International Business Management, Vol. 6, No. 2, 2012, p. 223-227.

Research output: Contribution to journalArticle

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