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Legal Maxims in Islamic Criminal Law: Theory and Applications

Author: Luqman Zakariyah

Publisher: BRILL

Published: 2015-10-14

Total Pages: 247

ISBN-13: 9004304878

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 Law

Author: Necmettin Kızılkaya

Publisher: BRILL

Published: 2021-03-15

Total Pages: 324

ISBN-13: 900444467X

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This study analyses the legal maxims from a conceptual and historical point of view and gives a broad overview of the application of legal maxims in substantive law manuals as well as some other sub-genres.

Doubt in Islamic Law

Author: Intisar A. Rabb

Publisher: Cambridge University Press

Published: 2015

Total Pages: 431

ISBN-13: 1107080991

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This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.

Islamic Legal Maxims

Author: Imran Ahsan Khan Nyazee

Publisher: Lulu.com

Published:

Total Pages: 363

ISBN-13: 0359883214

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Islamic Legal Maxims

Author: Azman Ismail

Publisher:

Published: 2013

Total Pages: 295

ISBN-13: 9789670149325

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Issues in Islamic Law

Author: MashoodA. Baderin

Publisher: Routledge

Published: 2017-07-05

Total Pages: 694

ISBN-13: 1351561944

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Islamic substantive law, otherwise called branches of the law (furu al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process ofcultivation (istithmar), whereby the qualified jurist (mujtahid), as thecultivator uses relevant rules of legal theory to harvest the substantive law on specific issues in form offruits (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.

The Application of Islamic Criminal Law in Pakistan

Author: Tahir Wasti

Publisher: BRILL

Published: 2009-02-28

Total Pages: 428

ISBN-13: 9047425723

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No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.

Shariʿa, Justice and Legal Order

Author: Rudolph Peters

Publisher: BRILL

Published: 2020-08-03

Total Pages: 726

ISBN-13: 9004420622

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Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays by Rudolph Peters is about legal practice, both Shariʿa and state law. Its principal themes are legal order and the actual application of law in the Ottoman and more recent periods

Sharīʻah

Author: Abdur Rahman I. Doi

Publisher:

Published: 2008

Total Pages: 736

ISBN-13:

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A must for every Muslim household, this best seller is a comprehensive guide to all aspects of Islamic Law including family relations, marriage and divorce, crime and punishment, inheritance and disposal of property, economics and much more.

Crime and Punishment in Islamic Law

Author: Rudolph Peters

Publisher: Cambridge University Press

Published: 2005

Total Pages: 242

ISBN-13: 9780521792264

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This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.