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Takhayyur is an Islamic legal doctrine that allows adherents of one of four Sunni schools of law to select the ruling of another when the latter is more convenient. The doctrine seeks legitimacy through Quranic verses and prophetic traditions, arguing the Quran and Sunnah both emphasize ease and convenience in religious practice.
Sunnah (سنة; pl.: سنن sunan) is an Arabic word that means: "habit" or "usual practice" (USC glossary); [18] "habitual practice, customary procedure or action, norm, usage sanctioned by tradition" (Wehr Dictionary); [19] "a body of established customs and beliefs that make up a tradition" (Oxford Islamic Studies Online); [2]
Sunni Muslims and Scholars regard ijmā' as one of the secondary sources of Sharia law, just after the divine revelation of the Qur'an, and the prophetic practice known as Sunnah. Thus so a position of Majority should always be taken into consideration, when a matter cannot be concluded from the Qur'an or Hadith.
Islamic Law and Legal Change: The Concept of Maslaha in Classical and Contemporary Legal Theory. Vol. Shari'a: Islamic Law in the Contemporary Context (Kindle ed.). Stanford University Press. Rabb, Intisar A. (2009). "Law. Civil Law & Courts". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press.
Usul al-Sunnah by Ahmad Ibn Hanbal; Al-Radd 'ala al-Jahmiyyah wa al-Zanadaqah by Ahmad Ibn Hanbal; Nawadir al-Usul by Al-Hakim al-Tirmidhi; Khalq Afal al-Ibad by al-Bukhari; al-Ikhtilāf fī al-Lafz wa al-Radd ‘alā al-Jahmiyyah wal-Mushabbiha by Ibn Qutaybah; Kitab al-Sunnah by Harb Ibn Ismail al-Kirmani; Kitab al-Sunnah by Abdullah Ibn ...
These two books, i.e. the Muwaṭṭah and Mudawwanah, along with other primary books taken from other prominent students of Mālik, would find their way into the Mukhtaṣar Khalīl, which would form the basis for the later Mālikī madhhab. The Maliki school is most closely related to the Hanafi school, differing in degree, not in kind. [21]
A copy of the Qur'an, one of the primary sources of Sharia. The Qur'an is the first and most important source of Islamic law. Believed to be the direct word of God as revealed to Muhammad through angel Gabriel in Mecca and Medina, the scripture specifies the moral, philosophical, social, political and economic basis on which a society should be constructed.
This statute is either presented as such in the Qurʾān or the Sunnah or it is possible, by means of analogical reasoning , to infer it from the Qurʾān or the Sunnah. [9] As-Shafiʽi was the first jurist to insist that Ḥadīth were the decisive source of law (over traditional doctrines of earlier thoughts). [16]