TY  - JOUR
T1  - The Relationship Between the Purposes of the Law and Legal Reasoning
AU - Laluddin, Hayatullah AU - , Amir Husin Mohd. Nor AU - , Abdel Wadoud Moustafa Moursi el-Seoudi AU - , Ibnor Azli Ibrahim AU - , Ahmad Muhammad Husni AU - , Anwar Fakhri Omar AU - , Muhammad Adib Samsudin AU - , Muhammad Nazir Alias 
JO  - International Business Management
VL  - 6
IS  - 2
SP  - 223
EP  - 227
PY  - 2012
DA  - 2001/08/19
SN  - 1993-5250
DO  - ibm.2012.223.227
UR  - https://makhillpublications.co/view-article.php?doi=ibm.2012.223.227
KW  - Qiyas
KW  -legal reasoning
KW  -purposes of law
KW  -general principles
KW  -Islamic law
KW  -Malaysia
AB  - It is argued that since qiyas presents a mechanism for the derivation of rulings from the textual sources of the law in the light of its purposes, the existence of a relation between qiyas and the purposes of the law can be visualized. For, it is in the light of the consideration of the purposes that the rational of a given text is extended to the cases that do not come under its preview. This study therefore, attempts to highlight and analyze the relation between the purposes of the law and qiyas. It also investigates the literal and technical meanings of qiyas and purposes of the law and evaluates their relation in the light of latter providing justification for the former in respect of extension and restriction of legal rulings. The researchers, using descriptive and analytical approach, conclude that the purposes of the law by virtue of their potential role in qiyas (legal reasoning) equip the jurist with the ability and insight in how to apply the rulings strictly and when to mitigate them, a fact underscoring the existence of a strong relation between the two.
ER  -