Legal Maxims in Islamic Criminal Law: Theory and Applications PDF Download
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Author: Luqman Zakariyah
Publisher: BRILL
ISBN: 9004304878
Category : Law
Languages : en
Pages : 247
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Book Description
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").
Author: Luqman Zakariyah
Publisher: BRILL
ISBN: 9004304878
Category : Law
Languages : en
Pages : 247
Get Book Here
Book Description
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").
Author: Muḥammad T̤āhir Manṣūrī
Publisher:
ISBN: 9789698263737
Category : Banking law (Islamic law)
Languages : en
Pages : 271
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Book Description
Author: Ahmed El Shamsy
Publisher: Cambridge University Press
ISBN: 1107041481
Category : History
Languages : en
Pages : 265
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Book Description
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.
Author: Mohammad Hashim Kamali
Publisher: Simon and Schuster
ISBN: 1786071517
Category : Law
Languages : en
Pages : 342
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Book Description
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.
Author: Necmettin Kızılkaya
Publisher: BRILL
ISBN: 900444467X
Category : Law
Languages : en
Pages : 324
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Book Description
The historical development and functions of legal maxims have not been studied within their context in contemporary scholarship. Especially in studies which examine legal maxims as a genre, this is mostly done in a bibliographical and descriptive manner. This leaves the question of why this genre has emerged in Islamic law. This study examines the legal maxims in terms of conceptual and historical development and their application. It analyses the subject from a viewpoint of cause-and-effect rather than examining it in a descriptive manner. Both handwritten manuscripts and printed legal maxims titles have been used for writing this book and the subjects are mostly examined based on primary sources. "This book is a groundbreaking work on the subject of Islamic legal maxims. It addresses these maxims from a conceptual, historical, and implementational perspective and uses very rich content to elucidate the subjects presented to the reader." - Saffet Köse "Kızılkaya’s book brings new materials and insights into the still emerging field of legal maxims, expanding and deepening the narrative of this genre’s development down to the nineteenth century, and including a coverage of works written in Ottoman Turkish. A seminal contribution, the work is essential in understanding this area of Islamic law." - Wael B. Hallaq "In today’s world, legal principles offer Islamic law one of the best opportunities to communicate with ethics and legal disciplines. Necmettin Kızılkaya's book Legal Maxims brilliantly monitors the development of this concept, which is crucial for Islamic legal theory and practice in the post-classical age. It also presents the reader with a comparative view of how legal principles are handled in each of the schools of Islamic jurisprudence." - Murteza Bedir "In his important contribution to the literature in Islamic Legal Studies on the “maxim,” which he characterizes as a type of “universal proposition,” Kızılkaya provides deep and wide-ranging historical readings with careful attention to concepts, genres and applications." - Brinkley Messick
Author: Imran Ahsan Khan Nyazee
Publisher: Lulu.com
ISBN: 0359883214
Category : Law
Languages : en
Pages : 363
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Book Description
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.
Author: Abu Umar Faruq Ahmad
Publisher: Universal-Publishers
ISBN: 1599425173
Category : Business & Economics
Languages : en
Pages : 324
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Book Description
" ... Seeks to contribute to the existing body of work in the area of Islamic finance through examining the extent of divergence in practice of Islamic financing from the traditional Shari'ah in the Australian context. The author makes a discursive analysis of the regulation of Islamic finance in Australia in terms of (a) the financing instruments used, (b) certainty of transactions between participants in the system, and (c) institutional risk management of Islamc financial institutions."--Back cover.
Author: Mohammad Hashim Kamali
Publisher: Oxford University Press
ISBN: 0197538614
Category : Medical
Languages : en
Pages : 353
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Book Description
"This book expounds the rules of shariah relating to lawful and unlawful in food and beverage and how they are manifested in the halal industry practices and markets. In addition to a concise presentation of the scholastic treatment of the rules of halal and its opposite, the haram in shariah, the book also familiarises the reader on how they were formed and what are the basic tools by which the rules of shariah may be adjusted through fresh interpretation (i.e ijtihad) that may respond to new developments"--
Author: Aasim I. Padela
Publisher: University of Notre Dame Pess
ISBN: 0268108390
Category : Medical
Languages : en
Pages : 305
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Book Description
Medicine and Shariah brings together experts from various fields, including clinicians, Islamic studies experts, and Muslim theologians, to analyze the interaction of the doctors and jurists who are forging the field of Islamic bioethics. Although much ink has been spilled in generating Islamic responses to bioethical questions and in analyzing fatwas, Islamic bioethics still remains an emerging field. How are Islamic bioethical norms to be generated? Are Islamic bioethical writings to be considered as part of the broader academic discourse in bioethics? What even is the scope of Islamic bioethics? Taking up these and related questions, the essays in Medicine and Shariah provide the groundwork for a more robust field. The volume begins by furnishing concepts and terms needed to map out the discourse. It concludes by offering a multidisciplinary model for ethical deliberation that accounts for the various disciplines needed to derive Islamic moral norms and to understand biomedical contexts. In between these bookends, contributors apply various analytic, empirical, and normative lenses to examine the interaction between biomedical knowledge (represented by physicians) and Islamic law (represented by jurists) in Islamic bioethical deliberation. By providing a multidisciplinary model for generating Islamic bioethics rulings, Medicine and Shariah provides the critical foundations for an Islamic bioethics that better attends to specific biomedical contexts and also accurately reflects the moral vision of Islam. The volume will be essential reading for bioethicists and scholars of Islam; for those interested in the dialectics of tradition, modernity, science, and religion; and more broadly for scholarly and professional communities that work at the intersection of the Islamic tradition and contemporary healthcare. Contributors: Ebrahim Moosa, Aasim I. Padela, Vardit Rispler-Chaim, Abul Fadl Mohsin Ebrahim, Muhammed Volkan Yildiran Stodolsky, Mohammed Amin Kholwadia, Hooman Keshavarzi, and Bilal Ali.
Author: Shahrul Hussain
Publisher: Treasury in Islamic Thought an
ISBN: 9781847740960
Category : Law
Languages : en
Pages : 0
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Book Description
An introduction to a wide range of pivotal Islamic maxims with accompanying commentaries. Presented in a beautiful gift format.
