Download or read book Islamic Legal Maxims written by Imran Ahsan Khan Nyazee and published by Lulu.com. This book was released on 2019-08-29 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about qawa`id fiqhiyyah, which are sometimes referred to as legal maxims. In reality, the qawa`id play a much wider and more effective role as compared to legal maxims. Islamic law is all about principles and rules; it has been so from the day of its birth. The reason is that principles and rules were laid down by the Qur'an and the Sunnah. The relationship between the disciplines of usul al-fiqh and qawa`id fiqhiyyah is like the relationship between the two arms of the human body; they cooperate with each other to yield the rules of fiqh. This vital relationship has been kept concealed by separating the two disciplines and by severing the bond between them. This book attempts to uncover this relationship, and to restore the bond. Understanding this relationship will enhance understanding of the discipline of usul al-fiqh as well.
Download or read book Legal Maxims in Islamic Criminal Law Theory and Applications written by Luqman Zakariyah and published by BRILL. This book was released on 2015-10-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally. Included in this examination are the following maxims: al-Umūr bi-Maqāṣidihā ("Matters shall be Judged by their Objectives"); al-Yaqīn lā Yazūl bi-sh-Shakk ("Certainty Cannot be Overruled by Doubt"); al-Mashaqqa Tajlib at-Taysīr ("Hardship begets Facility"); Lā Ḍarar wa-lā Ḍirār ("No Injury or Harm shall be Inflicted or Reciprocated"); and al-ʿĀda Muḥakkama ("Custom is Authoritative").
Download or read book Doubt in Islamic Law written by Intisar A. Rabb and published by Cambridge University Press. This book was released on 2015 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Download or read book The Canonization of Islamic Law written by Ahmed El Shamsy and published by Cambridge University Press. This book was released on 2013-10-21 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ahmed El Shamsy's The Canonization of Islamic Law is a detailed history of the birth of classical Islamic law. It shows how Islamic law and its institutions emerged out of the canonization of the sacred sources of Quran and Sunna (prophetic practice) in the eighth and ninth centuries CE. The book focuses on the ideas and influence of the jurist al-Shāfiʿī (d. 820 CE), who inaugurated the process of canonization, and it paints a rich picture of the intellectual engagements, political turbulence, and social changes that formed the context of his and his followers' careers.
Download or read book Islamic Legal Maxims written by Justice Munir Ahmad Mughal and published by . This book was released on 2023-08-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The oldest collection of Legal Maxims that has reached us is the Risalah 'usul, al-Karkhi (260AH-340AH) By deep study of these 'usul it reveals that they are inclusive of qawa`id, dawabit, 'usul, and kulliyat. Some of them have the status of such general kulliyat that can be declared as the collective asset of Islamic Fiqh and some 'usul are such which may be useful in knowing the effective cause of Fiqhi values and to know the solution of Fiqhi problems according to the Hanafi way of proving a thing (istidlal) and the Hanafi style of logical deduction on a legal question (ijtihad) by a learned and enlightened doctor (Mujtahid). Imam al-Karkhi is the author of the first existing book on legal maxims. "...The style of Imam Karkhi is that he states the legal maxim in a small sentence while Imam Nasafi gives brief example. The principle and the example are so concise that a person who is not well-versed in Fiqh is not in a position to easily get the benefit of it. Here it should be remembered that the legal maxims of Imam Karkhi have undergone the process of refinement in the later centuries, and almost all the maxims at present are not in their original shape that was given to them by Imam Karkhi. For instance, out of the ninety-nine legal maxims given in Al-Majallah, only one maxim (article no. 4 of Al-Majallah) is partially stated according to the form of the first maxim of Al-'usul of Imam Karkhi. Otherwise, all the remaining maxims are present in Al-Majallah so far as their meanings are concerned, but the words and statements are not the same which were given to them by Imam Karkhi."[1] Abul Hasan al Karkhi was a Hanafi Faqhi who wrote al Usul (d 340 H). He is among those who is known as al Mujtahidin Fil Masail; He was a contemporary of Imam ibn Majah, Abu Daud, Tirmidhi and Nasai.
Download or read book The Islamic Law Maxims written by Khaleel Mohammed and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Islamic Legal Maxims written by Azman Ismail and published by . This book was released on 2013 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treasury of Sacred Maxims written by Shahrul Hussain and published by Treasury in Islamic Thought an. This book was released on 2017-04-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to a wide range of pivotal Islamic maxims with accompanying commentaries. Presented in a beautiful gift format.
Download or read book Law and Tradition in Classical Islamic Thought written by M. Cook and published by Springer. This book was released on 2013-01-06 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together essays on topics related to Islamic law, this book is composed of articles by prominent legal scholars and historians of Islam. They exemplify a critical development in the field of Islamic Studies: the proliferation of methodological approaches that employ a broad variety of sources to analyze social and political developments.
Download or read book Custom in Islamic Law and Legal Theory written by Ayman Shabana and published by Springer. This book was released on 2010-11-14 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
Download or read book The Oxford Handbook of Law and Humanities written by Simon Stern and published by . This book was released on 2020 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.
Download or read book Islamic Jurisprudential Maxims 114 Maxims Expounded written by Abdul Baki As-Safi and published by Al Manhal. This book was released on 2012-01-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: jurisprudential maxims play a vital role in the Islamic way of life, serve as a source for legislation and regulate daily transactions. This book expounds and renders 114 maxims into English. It also furnishes a theoratical perspective of religio-legal translation and sheds light on distinctions among related terms, namely: Juurisprudential maxims, fundamentalistic maxims and Jurisprudential canons. Descriptor(s): ISLAMIC JURISPRUDENCE | ISLAMIC LAW | TRANSACTIONS (ISLAMIC JURISPRUDENCE) | WORSHIP | MARRIAGE | PROVISIONS OF SHARIA
Download or read book Shariah Law written by Mohammad Hashim Kamali and published by Simon and Schuster. This book was released on 2017-07-06 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shariah law is a subject that is misunderstood and misrepresented by many in the West. More than simply a system of law, it is concerned with a set of values and rules that are essential to the understanding and practice of Islam. In this volume, Mohammad Hashim Kamali, a world-renowned expert on Shariah, adopts a question-and-answer format to provide a clear introduction to its most salient aspects. Extending from the sources of Shariah in the Qur’an, hadith and the legal maxims of Islamic law to the discussion of issues such as freedom of religion, gender equality and human rights, Shariah Law: Questions and Answers connects the theoretical aspects of the law with how it is applied in the world today. At once scholarly and accessible, it is sure to be a vital resource for students, teachers and general readers, addressing as it does a range of contemporary concerns, including jihad, democracy, the environment, genetic engineering, human cloning, euthanasia and abortion.
Download or read book Copyright in Islamic Law written by Mohamed Ali Ahdash and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copyright in Islamic Law is the first work in English to systematically discuss the ideas of intellectual property and copyright from an Islamic perspective. The author, Dr Mohamed Ali Ahdash, builds a framework from within Shari'a law to address the concepts of intellectual property and copyright. In so doing, he adopts the classical usul al-fiqh approach by firstly defining the key terms associated with the field, namely: right (haqq), ownership (milkiyya), wealth (mal) and utility (manfa'a). Dr Ahdash then analyses how these terms are used in the Qur'an and in the Hadith, before looking at how the secondary sources of analogy (qiyas), public interest (maslaha), custom ('urf) and legal maxims (qawa'id fiqhiyya) can be applied to copyright. The result of this study is a framework wherein the concept of copyright is defined and understood in an Islamic manner. This gives a consistent approach from which specific rulings can be derived. Copyright in Islamic Law is both a ground-breaking study in Shari'a law and a valuable contribution to the ongoing debates on copyright in general.
Download or read book Shari ah Maxims written by Muḥammad T̤āhir Manṣūrī and published by . This book was released on 2012 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Islamic Legal Theory written by Mashood A. Baderin and published by Routledge. This book was released on 2017-03-02 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic legal theory (usūl al-fiqh) is literally regarded as ’the roots of the law’ whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both Sunnī and Shī’ī perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject.
Download or read book Islamic Law in Past and Present written by Mathias Rohe and published by BRILL. This book was released on 2015-01-27 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
