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History of the sources of judicial verdicts and procedure, from the beginning of Islam to the decline of the Abbasids
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Hossein Kamalian   , Mohammad Sepehri |
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Abstract: (415 Views) |
In the Islamic judicial order, the individual and Social Rights principles are based on Allah Decrees. At the beginning, the Qur'an and the Prophet's Sīra were the main sources of judgment. With the death of the Prophet (PBUH), discontinuity of inspiration (Waḥy) and the expansion of the Islamic Territory, new legal, judicial and social issues raised, which, due to the lack of Ḥadīth (narration) and similar practices, made it difficult and controversial to judge them. This circumstances, forced the religious scholars to express their opinions (Fatwa) on these Issues, using the ḥadīths and jurisprudential knowledge of that era. In this way, jurisprudence (Fiqh) and ḥadīth became relevant in establishing laws and judicial verdicts. With the removal of the ban on quoting and writing ḥadīth, especially during the Abbasid Time, many judicial verdicts and procedural rules books, were gradually written, which led to the deepening and growth of the theoretic foundations of qadha (Justice). The main question of the article is what was the evolution of the compilation of judicial rulings sources from the beginning of Islam to the fall of the Abbasid Caliphate? The findings of the research, indicates that the authoring of these sources had a growing trend in terms of quantity and has influenced the theoretic aspects of jurisprudence, interpretation of rulings, individual and social rights, and Islamic procedure. This research has been done by descriptive-analytical method and based on library sources.
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| Keywords: procedure, history of jurisprudence, judicial rulings sources, Abbasid era. |
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Full-Text [PDF 601 kb]
(144 Downloads)
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Type of Study: Research |
Subject:
General
Received: 2023/06/27 | Accepted: 2023/10/6
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