Download or read book Doctrine of Istihsan juristic Preference in Islamic Law written by Saim Kayadibi and published by . This book was released on 2007 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Istihsan The Doctrine of Juristic Preference in Islamic Law written by Saim Kayadibi and published by The Other Press. This book was released on 2019-08-20 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work constitutes a critical analysis of classical and modern aspects of the concept of istihsan (juristic preference), an important principle in Islamic legal legislation throughout history. Although there has been many research works on the subject, it still requires further investigation on the role and nature of istihsan with regard to a combination of classical and modern approaches. Consisting of four chapters, the author begins by introducing some general principles of Islamic law, before discussing the history of istihsan during the time of the Prophet and his Companions. He also analyses the validity of istihsan as a source of law and discusses the differences among scholars on its method of implementation.
Download or read book Contemporary Bioethics written by Mohammed Ali Al-Bar and published by Springer. This book was released on 2015-05-27 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.
Download or read book Principles of Islamic Jurisprudence written by Mohammad Hashim Kamali and published by . This book was released on 2003 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of the best-selling title Principles of Islamic Jurisprudence has been completely revised and substantially enlarged. In this work, Prof Kamali offers us the first detailed presentation available in English of the theory of Muslim law (usul al-fiqh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Islamic Jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur'an and the Sunnah—the precedent of the Prophet. Written as a university textbook, Principles of Islamic Jurisprudence is distinguished by its clarity and readability; it is an essential reference work not only for students of Islamic law, but also for anyone with an interest in Muslim society or in issues of comparative Jurisprudence.
Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
Download or read book Modern Challenges to Islamic Law written by Shaheen Sardar Ali and published by Cambridge University Press. This book was released on 2016-10-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.
Download or read book Rediscovery and Revival in Islamic Environmental Law written by Samira Idllalène and published by Cambridge University Press. This book was released on 2021-04 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, Sharia' and common law are compared from the perspective of environmental law to delve into their common grounds.
Download or read book The Economy of Certainty written by Aron Zysow and published by Lockwood Press. This book was released on 2014-06-23 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aron Zysow's 1984 Ph.D. dissertation, "The Economy of Certainty," remains the most important, compelling, and intellectually ambitious treatment of Islamic legal theory (usul al-fiqh) in Western scholarship to date. It continues to be widely read and cited, and remains unsurpassed in its incisive analysis of the most fundamental assumptions of Islamic legal thought. Zysow argues that the great dividing line in Islamic legal thought is between those legal theories that require certainty in every detail of the law and those that will admit probability. The latter were historically dominant and include the leading legal schools that have survived to our own day. Zahirism and, for much of its history, Twelver Shi'ism, are examples of the former. The well-known dispute regarding the legitimacy of juridical analogy is only one feature of this fundamental epistemological division, since probability can enter the law in the process of authenticating prophetic traditions and in the interpretation of the revealed texts, as well as through analogy. The notion of consensus in Islamic legal theory functioned to reintroduce some measure of certainty into the law by identifying one of the competing probable solutions as correct. Consequently consensus has only a reduced role, if any, in those systems that reject probability. Another, more radical, means of regaining certainty was the doctrine that regarded the legal reasoning of all qualified jurists on matters of probability as infallible. The development of legal theories of both types, that of Zahirism no less than that of Hanafism, was to a large extent shaped by theology and, most significantly, by Mu'tazilism, and subsequently by Ash'arism and Maturidism. Zysow's important work is published here in full, for the first time, with updated references and some further reflections by the author.
Download or read book War and Peace in the Law of Islam written by Majid Khadduri and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
Download or read book The Principles of Muhammadan Jurisprudence According to the Hanafi Maliki Shafi i and Hanbali Schools written by Sir Abdur Rahim and published by . This book was released on 1911 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Land Law and Islam written by Hilary Lim and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Download or read book History of Islamic Law written by Noel Coulson and published by Edinburgh University Press. This book was released on 2014-03-11 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Download or read book The Oxford Handbook of Islamic Law written by Anver M. Emon and published by . This book was released on 2018 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.
Download or read book Analogical Reasoning in Islamic Jurisprudence written by Ahmad Hasan and published by . This book was released on 2023-08-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study deals with the concept, rules and application of Qiyas as developed in the medieval period. The early chapters contain a general treatment of this principle. These are followed by chapters relating to definition of Qiyas, the original and the parallel case. The most difficult problem in Qiyas is the illah. We have extensively dealt with it dividing it into seven chapters. The Chapters relating to condition (shart), cause (sabab) and impediments (mawani') have also been included, as they are indirectly connected with the 'illah. As istihsan is a latent analogy (qiyas khafi), we have dealt with this problem in a separate chapter. Qiyas has remained all along a controversial subject. We have therefore analysed the points of view of its exponents and adversaries, and discussed their arguments in greater detail.
Download or read book Islamic Jurisprudence 3rd Edition written by Imran Ahsan Khan Nyazee and published by Lulu.com. This book was released on 2019-08-29 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic jurisprudence or usul al-fiqh provides the foundation for any meaningful study of Islamic law. The present book has been in the field for more than a decade and has received a positive response from many quarters. It is used as a textbook in a number of university courses. Over the years, however, students have shown an eagerness to know more. They have raised many questions whose answers the book did not provide. A catalogue of the questions asked, and those not asked, gave rise to the need to revise the book. The present, third, edition of the book has, therefore, been revised and three chapters at the end have been completely rewritten.
Download or read book Principles of Islamic Law The Methods of Interpretation of the Texts written by Saim Kayadibi and published by . This book was released on 2020-06-19 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past couple of decades, interest in Islamic Law has increased in the Muslim world as well as in the non-Muslim world. The popularity of Islamic Banking and Finance has especially triggered scholarly studies in this field since usul al-fiqh is the essence of comprehending the law revealed by the Lawgiver. Despite the number of studies on Islamic Law, works dealing with usul al-fiqh, which specifically focuses on the interpretations of the texts and the methods used by the jurists, are limited especially in the English language. This book, Principles of Islamic Law-The Methods of Interpretation of the Texts (Usul al-Fiqh) is aimed at helping the students, lawyers and other interested people to understand the subject more comprehensively.
Download or read book Islamic Finance written by Mahmoud A. El-Gamal and published by Cambridge University Press. This book was released on 2006-07-03 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance - from personal loans to investment banking, and from market structure to corporate governance - Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of 'Islamization' of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.
