Rationale Verification and Its Applications in Judicial Discretion
Sep 20, 2024
DOI:
Published in: The Islamic Quarterly
Publisher: The Islamic Cultural Centre
This study addresses the verification of the rationale (for judgments) according to Islamic jurisprudence, its types, and the approaches for its application in practice, as well as the extent of applicability of judicial discretion to it. The study reveals that there are five approaches for rationale verification, in both its general and particular types. These approaches are, namely, the linguistic, customary, rational, sensory and the factual approach. The study manifests all the five approaches through judicial applications, particularly in the Jordanian Sharī‛ah (family) courts, and emphasizes the importance of combining the foundational and practical aspects that link the two aspects in terms of theory, application, and analysis.