AN EXAMINATION OF THE CAUSES OF JURISTIC DIFFERENCES IN INTERPRETATION IN ISLAMIC LAW

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ABSTRACT

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’an and the Sunnah, and where the text is silent.Modern advocacy for
adherence to hadith 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’ah will, in
turn, not be suitable and applicable to new situations for which there is no
decisive ruling in both the Holy Qur’an and the Sunnah.The aim is to show
that the nature of the Qur’anic provisions makes the phenomenon of Ikhatilaaf
(difference of opinion) among the jurists inevitable, that the nature of the
provisions found in the Sunnah gives room for difference of opinion in
interpretation among the jurists and that apparent Silence of the Shari’ah
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’an provisions, the nature of the texts of the Sunnah and silence of the
texts term both the Qur’an and the Sunnah.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’an and the
Sunnah 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.

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