Application Of The Doctrine Of Al-Ihtiyat (Precaution Approach) In Estate Succession To Khuntha (Hermaphrodite) Community

  • Zahari Mahad Musa Pensyarah Kanan

Abstract

The doctrine of al-ihtiyat (precaution approach) is part of the approach discussed by scholars in Islamic jurisprudence to determine fiqh rulings. It is a vital key in resolving conflicts in a given problem of fiqh. This paper aims to explain the position of the doctrine of al-ihtiyat in the determination of fiqh rulings. The discussion will focus on the status of the doctrine of al-ihtiyat outlined by scholars usul al-fiqh in determining a fiqh. In addition, emphasis will be given to the application of this doctrine in resolving faraid cases involving hermaphrodite (khuntha) community. The discussion in this article is based on the analysis of data with Islamic scholars description templates relating to the doctrine of al-ihtiyat. The main findings of this discussion show that the doctrine of al-ihtiyat is important as one approach to resolve the conflict in a fiqh rulings. This doctrine which tends to approach the logic also helps to solve some faraid cases although the faraid law is included in detailed Islamic legal category. In addition, this doctrine could clarify the succession of hermaphrodite community along with the rulings of faraid itself which gives the right to the right.


 


Keywords: The Doctrine of al-ihtiyat, faraid, succession, hermaphrodite.

Author Biography

Zahari Mahad Musa, Pensyarah Kanan

Fakulti Syariah dan Undang-undang, Universiti Sains Islam Malaysia (USIM)

Published
2018-01-29
How to Cite
MUSA, Zahari Mahad. Application Of The Doctrine Of Al-Ihtiyat (Precaution Approach) In Estate Succession To Khuntha (Hermaphrodite) Community. Al-Qanatir: International Journal of Islamic Studies, [S.l.], v. 9, n. 1, p. 11-26, jan. 2018. ISSN 2289-9944. Available at: <http://myjms.mohe.gov.my/index.php/alqanatir/article/view/3247>. Date accessed: 20 feb. 2018.

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