Legal Maxims in Islamic Criminal Law: Theory and Applications

Legal Maxims in Islamic Criminal Law: Theory and Applications PDF 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").

Legal Maxims in Islamic Criminal Law: Theory and Applications

Legal Maxims in Islamic Criminal Law: Theory and Applications PDF 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").

Shariʻah Maxims

Shariʻah Maxims PDF Author: Muḥammad T̤āhir Manṣūrī
Publisher:
ISBN: 9789698263737
Category : Banking law (Islamic law)
Languages : en
Pages : 271

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Book Description


Islamic Legal Maxims

Islamic Legal Maxims PDF Author: Azman Ismail
Publisher:
ISBN: 9789670149325
Category : Legal maxims (Islamic law)
Languages : en
Pages : 295

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Book Description


The Canonization of Islamic Law

The Canonization of Islamic Law PDF 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.

Islamic Legal Maxims and Their Application in Islamic Finance

Islamic Legal Maxims and Their Application in Islamic Finance PDF Author: Mohamad Akram Laldin
Publisher:
ISBN:
Category : Economics
Languages : en
Pages : 290

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Book Description


Islamic Legal Maxims and Their Application in Islamic Finance

Islamic Legal Maxims and Their Application in Islamic Finance PDF Author: Mohamad Akram Laldin
Publisher:
ISBN:
Category : Economics
Languages : ar
Pages : 290

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Book Description


Concept And Application Of Shariah For The Construction Industry: Shariah Compliance In Construction Contracts, Project Finance And Risk Management

Concept And Application Of Shariah For The Construction Industry: Shariah Compliance In Construction Contracts, Project Finance And Risk Management PDF Author: Khairuddin Abdul Rashid
Publisher: World Scientific
ISBN: 9813238925
Category : Technology & Engineering
Languages : en
Pages : 344

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Book Description
The application of Shariah compliance in business transactions continues to increase. The Asian financial crisis of 1997, global financial crisis of 2007-2008, Enron scandal and other reported ills besieging conventional business transactions have led to advocates of Shariah-compliant business transactions promoting the latter as a credible alternative. However, unlike the banking, commerce and financial sectors, the uptake by the construction sector was sluggish due to limited understanding of Shariah among the practitioners and policymakers compounded by the lack of research and publications on its application for the construction sector.This book is intended for students, researchers, practitioners and policymakers of the construction industry as well as the related upstream and downstream activities. It offers basic theories, challenges current practices, and proposes innovative ideas on Shariah compliance and its application for the construction industry.Related Link(s)

Islamic Finance

Islamic Finance PDF Author: Mahmoud A. El-Gamal
Publisher: Cambridge University Press
ISBN: 1139457160
Category : Business & Economics
Languages : en
Pages : 239

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Book Description
This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance - from personal loans to investment banking, and from market structure to corporate governance - Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of 'Islamization' of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.

Shari'ah Law

Shari'ah Law PDF Author: Mohammad Hashim Kamali
Publisher: Simon and Schuster
ISBN: 1780740379
Category : Law
Languages : en
Pages : 451

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Book Description
A world expert's introduction to the controversial subject of Islamic law Providing a comprehensive and accessible examination of Shari’ah Law, this well considered introduction examines the sources, characteristic features, and schools of thought of a system often stereotyped for its severity in the West. In a progressive and graduated fashion, Mohammad Hashim Kamali discusses topics ranging from juristic disagreement to independent reasoning. Also broaching more advanced topics such as the principle of legality and the role and place of Shari’ah-oriented policy, Kamali controversially questions whether Islam is as much of a law-based religion as it has often been made out to be. Complete with a bibliography and glossary, and both a general index and an index of Arabic quotations, this wide-ranging exploration will prove an indispensable resource for Islamic students and scholars, and an informative guide to a complex topic for the general reader.

Islamic Legal Maxims

Islamic Legal Maxims PDF 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.