Legal Maxims in Islamic Criminal Law: Theory and Applications

Legal Maxims in Islamic Criminal Law: Theory and Applications PDF

Author: Luqman Zakariyah

Publisher: BRILL

Published: 2015-10-14

Total Pages: 247

ISBN-13: 9004304878

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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

Legal Maxims in Islamic Law PDF

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

Doubt in Islamic Law PDF

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.

The Legal Maxims of Islamic Law (Excluding Five Leading Legal Maxims) and Their Applications in Islamic Finance

The Legal Maxims of Islamic Law (Excluding Five Leading Legal Maxims) and Their Applications in Islamic Finance PDF

Author: Buerhan Saiti

Publisher:

Published: 2017

Total Pages: 13

ISBN-13:

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Al-qawāʻid al-fiqhīyah or legal maxims of Islamic Law are the general rules of fiqh that portray the goals and objectives of the Sharīʻah. They are applied in various cases that come under the common rulings and play a very important role in deducing many rules of fiqh since they provide a guideline to come up with particular ḥukm. There are five leading maxims, as reflected in the Majallah, such as, al-umūr bi maqāṣidihā (matters are determined according to intentions), al-yaqīn la yazūl bi alshakk (certainty is not overruled by doubt), al-mashaqqah tajlib al-taysīr (hardship begets facility), al- ḍarar yuzāl (harm must be eliminated) and al-ʻādah muḥakkamah (custom is a basis for judgment). Other than these five leading maxims, which are applicable to a number of legal principles, there are other maxims, which are not as extensive as the main maxims, but nonetheless, address a number of more detailed issues in fiqh. Usually, the maxims incorporated in this category are either an extension of maxims derived from the five leading maxims or might be unrelated. This paper seeks to analyze those maxims, other than the leading maxims, which are related to Islamic finance and to understand their roles and applications in the Islamic banking and finance industry.

The Canonization of Islamic Law

The Canonization of Islamic Law PDF

Author: Ahmed El Shamsy

Publisher: Cambridge University Press

Published: 2013-10-21

Total Pages: 265

ISBN-13: 1107041481

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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.

Shariah Law

Shariah Law PDF

Author: Mohammad Hashim Kamali

Publisher: Simon and Schuster

Published: 2017-07-06

Total Pages: 304

ISBN-13: 1786071517

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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.

Law and Tradition in Classical Islamic Thought

Law and Tradition in Classical Islamic Thought PDF

Author: M. Cook

Publisher: Springer

Published: 2013-01-06

Total Pages: 328

ISBN-13: 1137078952

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Bringing together essays on topics related to Islamic law, this book is composed of articles by prominent legal scholars and historians of Islam. They exemplify a critical development in the field of Islamic Studies: the proliferation of methodological approaches that employ a broad variety of sources to analyze social and political developments.

Custom in Islamic Law and Legal Theory

Custom in Islamic Law and Legal Theory PDF

Author: Ayman Shabana

Publisher: Springer

Published: 2010-11-14

Total Pages: 272

ISBN-13: 0230117341

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This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).