Author: Abdul Baki As-Safi
Publisher: Al Manhal
ISBN:
Category : Law
Languages : en
Pages : 209
Book Description
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
Islamic Jurisprudential Maxims : 114 Maxims Expounded
Author: Abdul Baki As-Safi
Publisher: Al Manhal
ISBN:
Category : Law
Languages : en
Pages : 209
Book Description
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
Publisher: Al Manhal
ISBN:
Category : Law
Languages : en
Pages : 209
Book Description
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
Legal Maxims in Islamic Law
Author: Necmettin Kızılkaya
Publisher: BRILL
ISBN: 900444467X
Category : Law
Languages : en
Pages : 324
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
Publisher: BRILL
ISBN: 900444467X
Category : Law
Languages : en
Pages : 324
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
Doubt in Islamic Law
Author: Intisar A. Rabb
Publisher: Cambridge University Press
ISBN: 1107080991
Category : History
Languages : en
Pages : 431
Book Description
This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Publisher: Cambridge University Press
ISBN: 1107080991
Category : History
Languages : en
Pages : 431
Book Description
This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Revisiting Islamic Economics
Author: Nabil El Maghrebi
Publisher: Springer Nature
ISBN: 303141134X
Category : Business & Economics
Languages : en
Pages : 392
Book Description
This book discusses the need for a paradigm shift from Islamic economics universe of discourse to Iqtisād, a socio-economic system that is entirely independent from other economic doctrines and systems of thought. It provides an overview of critiques of the science and dogma of mainstream, orthodox, neoclassical, or simply Economics, with its axioms of rationality, scarcity, and unlimited wants. There is also a critical analysis of Islamic economics, and its failures to set its own policy agenda and development objectives. Our contention in this book is that Iqtisād--the Qur’an’s vision of how the economy is to be arranged—provides such a paradigm with a radically different philosophical foundation from that of Economics to the point that makes grafting one onto the other Impossible. Iqtisād offers a genuine and authentic Islamic paradigm with unique etymological and philosophical foundations. It is a unique system that derives its organizing principles from the principal source of the Quran, rather than Economics. The logical coherence of its immutable system of rules compliance, institutional structures, and risk-sharing relations provides the foundations for economic dynamism, financial stability, and shared prosperity. It ensures that resources are efficiently managed, poverty is eradicated, income and wealth mal-distributions are corrected, and the internal sources of economic injustices gripping human societies are eliminated. The Impossibility Theorem proposed in this book implies that, metaphysically, ontologically, epistemologically, axiologically, and teleologically, the two polar cases of Iqtisād and Economics are so radically different to rule out any grafting of one onto the other in order to present an intermediate paradigm with a synthetic discipline called Islamic economics. Given its multidisciplinary contents, this book will be of interest to a wide audience, including economists, policymakers, philosophers, theologians, and jurists, and can guide also free-thinking readers to a clarity of understanding about the conditions of humanity and the imperative of change with a sincerity of purpose and coherence in knowledge.
Publisher: Springer Nature
ISBN: 303141134X
Category : Business & Economics
Languages : en
Pages : 392
Book Description
This book discusses the need for a paradigm shift from Islamic economics universe of discourse to Iqtisād, a socio-economic system that is entirely independent from other economic doctrines and systems of thought. It provides an overview of critiques of the science and dogma of mainstream, orthodox, neoclassical, or simply Economics, with its axioms of rationality, scarcity, and unlimited wants. There is also a critical analysis of Islamic economics, and its failures to set its own policy agenda and development objectives. Our contention in this book is that Iqtisād--the Qur’an’s vision of how the economy is to be arranged—provides such a paradigm with a radically different philosophical foundation from that of Economics to the point that makes grafting one onto the other Impossible. Iqtisād offers a genuine and authentic Islamic paradigm with unique etymological and philosophical foundations. It is a unique system that derives its organizing principles from the principal source of the Quran, rather than Economics. The logical coherence of its immutable system of rules compliance, institutional structures, and risk-sharing relations provides the foundations for economic dynamism, financial stability, and shared prosperity. It ensures that resources are efficiently managed, poverty is eradicated, income and wealth mal-distributions are corrected, and the internal sources of economic injustices gripping human societies are eliminated. The Impossibility Theorem proposed in this book implies that, metaphysically, ontologically, epistemologically, axiologically, and teleologically, the two polar cases of Iqtisād and Economics are so radically different to rule out any grafting of one onto the other in order to present an intermediate paradigm with a synthetic discipline called Islamic economics. Given its multidisciplinary contents, this book will be of interest to a wide audience, including economists, policymakers, philosophers, theologians, and jurists, and can guide also free-thinking readers to a clarity of understanding about the conditions of humanity and the imperative of change with a sincerity of purpose and coherence in knowledge.
The Canonization of Islamic Law
Author: Ahmed El Shamsy
Publisher: Cambridge University Press
ISBN: 1107041481
Category : History
Languages : en
Pages : 265
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.
Publisher: Cambridge University Press
ISBN: 1107041481
Category : History
Languages : en
Pages : 265
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.
Islamic Legal Maxims
Author: Azman Ismail
Publisher:
ISBN: 9789670149325
Category : Legal maxims (Islamic law)
Languages : en
Pages : 295
Book Description
Publisher:
ISBN: 9789670149325
Category : Legal maxims (Islamic law)
Languages : en
Pages : 295
Book Description
Legal Maxims in Islamic Criminal Law: Theory and Applications
Author: Luqman Zakariyah
Publisher: BRILL
ISBN: 9004304878
Category : Law
Languages : en
Pages : 247
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").
Publisher: BRILL
ISBN: 9004304878
Category : Law
Languages : en
Pages : 247
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").
Islamic Law in Palestine and Israel
Author: Eisenman
Publisher: BRILL
ISBN: 9004491422
Category : Social Science
Languages : en
Pages : 305
Book Description
Publisher: BRILL
ISBN: 9004491422
Category : Social Science
Languages : en
Pages : 305
Book Description
Principles of Islamic Jurisprudence
Author: Mohammad Hashim Kamali
Publisher:
ISBN: 9780946621811
Category : Religion
Languages : en
Pages : 546
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.
Publisher:
ISBN: 9780946621811
Category : Religion
Languages : en
Pages : 546
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.
Islamic Religious Authority in a Modern Age
Author: Shaheen Amid Whyte
Publisher: Springer Nature
ISBN: 9819979315
Category : Islamic leadership
Languages : en
Pages : 283
Book Description
This book situates Australian Muslim experiences of religious authority within the global context of Islam in the modern world. While drawing on examples of Muslim-majority states, new empirical findings indicate the growing diversity of Muslim religious actors in Australia, as well as the contextual realities shaping the way religious authority is legitimised and contested in democratic and authoritarian environments. In particular, the study challenges homogenous articulations of Islamic religious authority in unearthing new voices, epistemologies and socio-political factors shaping Muslim attitudes and experiences of religious authority. The book fills important gaps in the field, such as intra-Muslim relations, female religious authority, digital Islam and the relationship between traditional ulama, reformists and Muslim intellectuals in the West. Dr Shaheen Whyte is a Research Fellow at the Centre for Islamic Studies and Civilisation, Charles Sturt University. He holds a PhD from Deakin University, Australia. His research focuses on Islamic religious authority, Muslim minorities in the West, Islamic law and Middle Eastern politics.
Publisher: Springer Nature
ISBN: 9819979315
Category : Islamic leadership
Languages : en
Pages : 283
Book Description
This book situates Australian Muslim experiences of religious authority within the global context of Islam in the modern world. While drawing on examples of Muslim-majority states, new empirical findings indicate the growing diversity of Muslim religious actors in Australia, as well as the contextual realities shaping the way religious authority is legitimised and contested in democratic and authoritarian environments. In particular, the study challenges homogenous articulations of Islamic religious authority in unearthing new voices, epistemologies and socio-political factors shaping Muslim attitudes and experiences of religious authority. The book fills important gaps in the field, such as intra-Muslim relations, female religious authority, digital Islam and the relationship between traditional ulama, reformists and Muslim intellectuals in the West. Dr Shaheen Whyte is a Research Fellow at the Centre for Islamic Studies and Civilisation, Charles Sturt University. He holds a PhD from Deakin University, Australia. His research focuses on Islamic religious authority, Muslim minorities in the West, Islamic law and Middle Eastern politics.