Doctrine of Istihsan (juristic Preference) in Islamic Law

Doctrine of Istihsan (juristic Preference) in Islamic Law PDF Author: Saim Kayadibi
Publisher:
ISBN: 9789756346792
Category : Islam
Languages : en
Pages : 270

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Book Description

Doctrine of Istihsan (juristic Preference) in Islamic Law

Doctrine of Istihsan (juristic Preference) in Islamic Law PDF Author: Saim Kayadibi
Publisher:
ISBN: 9789756346792
Category : Islam
Languages : en
Pages : 270

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Book Description


Istihsan: The Doctrine of Juristic Preference in Islamic Law

Istihsan: The Doctrine of Juristic Preference in Islamic Law PDF Author: Saim Kayadibi
Publisher: The Other Press
ISBN: 9675062479
Category : Law
Languages : en
Pages : 385

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Book Description
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.

Contemporary Bioethics

Contemporary Bioethics PDF Author: Mohammed Ali Al-Bar
Publisher: Springer
ISBN: 3319184288
Category : Medical
Languages : en
Pages : 273

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Book Description
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.

Principles of Islamic Jurisprudence

Principles of Islamic Jurisprudence PDF Author: Mohammad Hashim Kamali
Publisher:
ISBN: 9780946621811
Category : Religion
Languages : en
Pages : 546

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Book Description
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.

An Introduction to Islamic Law

An Introduction to Islamic Law PDF Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 1139489305
Category : Law
Languages : en
Pages : 209

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Book Description
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.

Modern Challenges to Islamic Law

Modern Challenges to Islamic Law PDF Author: Shaheen Sardar Ali
Publisher: Cambridge University Press
ISBN: 1107033381
Category : Law
Languages : en
Pages : 329

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Book Description
This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.

The Economy of Certainty

The Economy of Certainty PDF Author: Aron Zysow
Publisher: Lockwood Press
ISBN: 1937040275
Category : Religion
Languages : en
Pages : 361

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Book Description
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.

Rediscovery and Revival in Islamic Environmental Law

Rediscovery and Revival in Islamic Environmental Law PDF Author: Samira Idllalène
Publisher: Cambridge University Press
ISBN: 1108488781
Category : Law
Languages : en
Pages : 189

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Book Description
For the first time, Sharia' and common law are compared from the perspective of environmental law to delve into their common grounds.

The Principles of Muhammadan Jurisprudence According to the Hanafi, Maliki, Shafiʻi and Hanbali Schools

The Principles of Muhammadan Jurisprudence According to the Hanafi, Maliki, Shafiʻi and Hanbali Schools PDF Author: Sir Abdur Rahim
Publisher:
ISBN:
Category : Decedents' estates (Islamic law)
Languages : en
Pages : 472

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Book Description


War and Peace in the Law of Islam

War and Peace in the Law of Islam PDF Author: Majid Khadduri
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776951
Category : International law
Languages : en
Pages : 334

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Book Description
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