usulalfiqh
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Can Islamic Law Change Based on Time, Context and Custom? – Introduction This article is an academic response to the controversial subject of the changeability of Shari’i injunctions and certain rulings being based on the custom of the people of that time rather than the ruling being applied universally in all times and places. To
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Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from al-Husayn ibn Sa‘id from ‘Uthman ibn ‘Isa from Mansur ibn Hazim from Bakr ibn Habib who has said the following: “I once asked abu Ja‘far (a.s), about Tashahhud (the testimony of belief). He (the Imam) said, ‘Had it been as they say that
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By Faheem Nadeem Maliki Usul Split into Explicit texts (Nass) and Apparent (dhahir) texts. Nass texts are not open to interpretation whereas dhahir can be interpreted. Shafi’i considered to Nass and Dhahir to be interchangeable, in the Maliki position the Nass is stronger than the dhahir. A dhahir text can mean one of two
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Usul al-Fiqh: When Khabar Wahid contradicts the common practice – Usul al-Shashi (Hanafi principles) “Based upon this (that the conditions of narrators vary) we say that if Khabar Wahid contradicts the apparent it will not be practiced upon. An example of Khabar Wahid contradicting the apparent is when it is not the common practice of
Tajdeed 