Download or read book Philosophy of the Islamic Law of Contract written by Hideyuki Shimizu and published by . This book was released on 1989 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Philosophy of Islamic Law of Transactions written by Abdurrahman Raden Aji Haqqi and published by . This book was released on 1999 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Theory of Contracts in Islamic Law A Comparative Analysis with Particular Reference to Modern Legislation in Kuwait Bahrain and the U A E written by Susan E. Rayner and published by Springer. This book was released on 1991-11-25 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the discovery of oil in the Middle East an increasing number of important contracts must be framed in accordance with the Shari'a. Moreover various factors have helped to create among Muslims a more acute sense of an original Islamic identity & a collective feeling that Shari's should govern their lives not only with regard to personal & family matters but also as a valid & reasonable corpus of commercial & civil laws. The ban on taking interest (riba) & the rejection of chance contracts (gharar) are two features of an Islamic law of contract which contrast with the secular man-made legal systems of the West. This book is concerned with these two Islamic Prohibitory rules & with the interest-free banking system which has developed therefrom. This is a new enlarged edition where the comparative examination of the topics of the book is updated & furthermore extended to cover the Shi'a Ja'fari fiqh. As a result all aspects are examined in the light of the teachings of the four Sunni schools -which hold authority in the Arab states & in Pakistan -of the Ibadis strongly present in Oman & of the Shi'a Ja'faris prevalent in Iran & largely present in Iraq, Bahrein, Kuweit & Lebanon. The new edition will confirm the use of the initial one as a text book with a particular appeal to academics & practising lawyers. It also provides an insight into the religious & idealogical foundations claimed by Islamic banking.
Download or read book Contracts in Islamic Law written by Hussein Hassan and published by I. B. Tauris. This book was released on 2015-02-15 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces students to the theoretical and philosophical foundations of Islamic contractual law. Islamic law is applied in differing degrees by many countries across the world and especially in the Middle East. Considering the strategic and financial importance of these countries, taken as a whole, it is surprising how little academic writing exists in the West on either Islamic law or Middle Eastern law. Recently, there have been signs of a burgeoning interest in Middle Eastern law. However, traditional Islamic law remains a neglected area of study. Hussein Hassan makes a significant contribution by presenting a detailed survey (which utilizes both contemporary and classical sources) of a crucially important area of Islamic law - contract law - and by adopting an approach that gives priority to theory and to a comparative analysis with Anglo-American law theory. Contracts in Islamic Law offers an invaluable resource to academics and researchers with a specific interest in Islamic law, to postgraduate students and final year students of law, and to scholars whose main focus is Anglo-American contract law but who are interested in comparative law/theory. The book will also appeal to a non-legal readership working in Islamic studies more generally.
Download or read book The Philosophy of Islamic Law of Transactions written by Abdurrahman Raden Aji Haqqi and published by . This book was released on 2009 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Islamic Legal Philosophy written by Muhammad Khalid Masud and published by . This book was released on 1977 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Islamic Legal Philosophy is a study of the famous Spanish Maliki jurist Abu Ishaq al-Shatibi's (d. 790/1388) life and legal thought. Shatibi is one of the prominent jurists whose thought, particularly the idea of maslaha, which is the focal point of his legal philosophy (maqasid al-shari'a), has played a very significant role in the modern Muslim liberal legal though. In fourteen chapters, the book is a pioneer study of Shatibi's essential legal concepts. The analysis is preceded by a detailed study of the historical and intellectual background of social changes which necessitated a reinterpretation of Islamic Legal Theory." --Page [4] of cover.
Download or read book Philosophy of Islamic Law and the Orientalists written by Mohammad Muslehuddin and published by . This book was released on 1977 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Philosophy and Jurisprudence in the Islamic World written by Peter Adamson and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-09-02 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Fārābī. While such authors sought to put law in its place relative to the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazālī and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians.
Download or read book Migration and Islamic Ethics written by and published by BRILL. This book was released on 2019-11-11 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migration and Islamic Ethics, Issues of Residence, Naturalization and Citizenship addresses how Islamic ethical and legal traditions can contribute to current global debates on migration and displacement; how Islamic ethics of muʾakha, ḍiyāfa, ijāra, amān, jiwār, sutra, kafāla, among others, may provide common ethical grounds for a new paradigm of social and political virtues applicable to all humanity, not only Muslims. The present volume more broadly defines the Islamic tradition to cover not only theology but also to encompass ethics, customs and social norms, as well as modern political, humanitarian and rights discourses. The first section addresses theorizations and conceptualizations using contemporary Islamic examples, mainly in the treatment of asylum-seekers and refugees; the second, contains empirical analyses of contemporary case studies; the third provides historical accounts of Muslim migratory experiences. Contributors are: Abbas Barzegar, Abdul Jaleel, Dina Taha, Khalid Abou El Fadl, Mettursun Beydulla, Radhika Kanchana, Ray Jureidini, Rebecca Gould, Said Fares Hassan, Sari Hanafi, Tahir Zaman.
Download or read book Interpreting Averroes written by Peter Adamson and published by Cambridge University Press. This book was released on 2019 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engages with all aspects of Averroes' philosophy, from his thinking on Aristotle to his influence on Islamic law.
Download or read book Shatibi s Philosophy of Islamic Law written by Muhammad Khalid Masud Masud and published by . This book was released on 2023-12-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A welcome contributes to the small number of English language works on Islamic legal theory, and it is a work which all libraries that have an interest in Islamic Studies and cognate areas should acquire." Journal of Near Eastern Studies, 1982 Dr.Masud has clearly put much thought and effort into the making of Islamic Legal Philosophy, and the result is a work of which serious students of both Islamic modernism and of the history and theory of Islamic law will have to take account. It is a work that must be taken into consideration in any future research into the question of maslaha, for on this point the author shows himself capable of keen observation and insights... Bulletin of the School of Oriental and African Studies, 1979 Throughout the centuries, there has been a basic question asked among Islamic jurists and Muslims: "Why did Allah issue the commandments that Allah did?" While some schools of thought, such as the Ash'ari philosophers, think that this is an invalid question altogether (for if Allah had reasons for doing what Allah does or did, then He would be caused or compelled by some outside power, a theological impossibility) other schools have thought have gone to the other extreme, such as the Mutazilites, some of who have suggested Allah had to do what is best for humanity. Muhammad Khalid Masud's detailed consideration of one philosopher, al-Shatibi, others a much more complex consideration of possible principles behind the injunctions of Islamic law, Shari'ah. Primarily, this book is a consideration of the concept of maslaha, or "the good," and the role it plays not only in the actual injunctions of Islamic law but also in reasoning about the law, making determinations in specific cases and what extent the concept of the good of humanity can provide insights into the law. Masud masterfully outlines the development of the concept of maslaha (his treatment of al-Razi being of particular importance) and sets the scene of al-Shatibi, during a time of great social change.
Download or read book Falsafat al tashri fi al Islam written by Subhi Mahmasani and published by Brill Archive. This book was released on 1961 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Modernity and the General Philosophy of written by Sulaiman Lebbe Mohamed Rifai and published by Independently Published. This book was released on 2019-05-04 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: The general philosophy of Islamic law: This book primarily addresses three salient questions. What is the general philosophy of Islamic law: Maqāsid al-Shari'ah? Why do we need the doctrines of the general philosophy of Islamic law today? How do we apply the doctrines of the general philosophy of Islamic law in this modern world? The basic argument of this book is that dramatic social changes are taking place around us in this digital world. So, to relate Islamic teaching into this modern global world, we need not only a comprehensive reading of the divine text, but also, a comprehensive understanding of the contexts of this modern world. We could no longer adhere to the literal interpretation of divine texts in this modern world on certain aspects of Islamic teaching. Neither classical Islamic thought nor the literal legal schools provide ready-made answers for the problems of modern Islamic world. This does not mean we must abandon the divine text as some radical Muslim secularists claim. This does not mean we should ignore 1400 years of intellectual legacies in Islamic history. There is nothing wrong with the divine texts of the Qur'an and the prophetic traditions. Nevertheless, human understanding to the divine texts differ from century to century, place to place and person to person. For the last 14 centuries, different Muslim communities have been reading the corpus of Islamic law differently within their own social contexts. There is no uniformity in human understanding of divine texts. They are prone to different human interpretation for various reasons. The corpus of Islamic law we have today are the collections of the 1400 hundred years of the Islamic legal interpretation of different times and social contexts. Today, to choose some appropriate legal ideas from the 1400 hundred years of Islamic legacy we should have not only a thorough knowledge of Islamic sciences, but we should also contextual understanding of the divine texts. We should know how to relate the divine texts appropriately to the modern social conditions. The principles of the general philosophy of Islamic law are contrived to facilitate the application of the divine texts into different contexts without diluting the primary values of the divine texts. It is argued by many Muslim scholars that the Muslim communities are suffering from intellectual and ideological crises presently. This is reflected in the socio-political and religious thought of the contemporary Muslim communities Today; Islamic universities and colleges are producing thousands Muslim graduates in many Muslim countries. Most of these graduates are trained and educated in Islamic sciences alone without enough professional training and learning in modern sciences. As a result of this, many of them find it difficult to relate what they learn to the modern social issues. It is my firm contention in this book that the Muslim jurists must learn many modern sciences such as politics, geopolitics, economics, phycology, sociology, history, science, and many other areas of human sciences so that they could address the modern social issues that the Muslim community faces today. Otherwise, they would not be able to relate what they learn in Arabic college into modern social conditions. Therefore, I would argue that learning modern sciences is a prerequisite for the students of Islam to become jurists or scholar in Islam. It is also my conviction that many radical Muslim groups do not know how to relate many aspects of Islamic teachings into modern geopolitical and social conditions. They come into some erroneous conclusions in many religious issues. Because, they take the literal meanings of the divine texts and prophetic traditions without due consideration into the modern social conditions of this global world.
Download or read book Philosophy in the Islamic World A Very Short Introduction written by Peter Adamson and published by OUP Oxford. This book was released on 2015-09-24 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the history of philosophy, few topics are so relevant to today's cultural and political landscape as philosophy in the Islamic world. Yet, this remains one of the lesser-known philosophical traditions. In this Very Short Introduction, Peter Adamson explores the history of philosophy among Muslims, Jews, and Christians living in Islamic lands, from its historical background to thinkers in the twentieth century. Introducing the main philosophical themes of the Islamic world, Adamson integrates ideas from the Islamic and Abrahamic faiths to consider the broad philosophical questions that continue to invite debate: What is the relationship between reason and religious belief? What is the possibility of proving God's existence? What is the nature of knowledge? Drawing on the most recent research in the field, this book challenges the assumption of the cultural decline of philosophy and science in the Islamic world by demonstrating its rich heritage and overlap with other faiths and philosophies.
Download or read book The Dialectical Forge written by Walter Edward Young and published by Springer. This book was released on 2016-12-13 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn (the “subject-text”) through a lens molded from 5th/11th century jadal-theory treatises (the “lens-texts”). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters.
Download or read book Intent in Islamic Law written by Paul R. Powers and published by BRILL. This book was released on 2006 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first broad study of the treatment of intent in Islamic law, examining ritual, commercial, family, and penal law and providing new insights into Muslim understandings of law, religious ritual, action, agency, and language.
Download or read book Philosophical Foundations of Contract Law written by George Letsas and published by Oxford University Press, USA. This book was released on 2014 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
