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Author : Ahmad Hasan
Publisher : Adam Publishers
ISBN 13 : 9788174350299
Total Pages : 498 pages
Book Rating : 4.3/5 (52 download)
Download or read book The Principles of Islamic Jurisprudence written by Ahmad Hasan and published by Adam Publishers. This book was released on 1994 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ahmad Hasan
Publisher :
ISBN 13 : 9789390804207
Total Pages : 0 pages
Book Rating : 4.8/5 (42 download)
Download or read book Analogical Reasoning in Islamic Jurisprudence written by Ahmad Hasan and published by . This book was released on 2023-08-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study deals with the concept, rules and application of Qiyas as developed in the medieval period. The early chapters contain a general treatment of this principle. These are followed by chapters relating to definition of Qiyas, the original and the parallel case. The most difficult problem in Qiyas is the illah. We have extensively dealt with it dividing it into seven chapters. The Chapters relating to condition (shart), cause (sabab) and impediments (mawani') have also been included, as they are indirectly connected with the 'illah. As istihsan is a latent analogy (qiyas khafi), we have dealt with this problem in a separate chapter. Qiyas has remained all along a controversial subject. We have therefore analysed the points of view of its exponents and adversaries, and discussed their arguments in greater detail.
Author : Ahmad Hassan
Publisher : Kazi Publications Incorporated
ISBN 13 : 9780935782356
Total Pages : pages
Book Rating : 4.7/5 (823 download)
Download or read book Analogical Reasoning in Islamic Jurisprudence written by Ahmad Hassan and published by Kazi Publications Incorporated. This book was released on 1992-07-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Professor Ahmad Hasan Hasan
Publisher : Independently Published
ISBN 13 :
Total Pages : 500 pages
Book Rating : 4.8/5 (252 download)
Download or read book Analogical Reasoning In Islamic Jurisprudence written by Professor Ahmad Hasan Hasan and published by Independently Published. This book was released on 2015-03 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study deals with the concept, rules and application of Qiyas as developed in the medieval period. The early chapters contain a general treatment of this principle. These are followed by chapters relating to definition of Qiyas, the original and the parallel case. The most difficult problem in Qiyas is the illah. We have extensively dealt with it dividing it into seven chapters. The Chapters relating to condition (shart), cause (sabab) and impediments (mawani') have also been included, as they are indirectly connected with the 'illah. As istihsan is a latent analogy (qiyas khafi), we have dealt with this problem in a separate chapter. Qiyas has remained all along a controversial subject. We have therefore analysed the points of view of its exponents and adversaries, and discussed their arguments in greater detail. TABLE OF CONTENTS Introduction Chapter 1 - The Development of the Principle of Qiyas - an historical perspective Chapter 2 - A general survey of Qiyas Chapter 3 - Justification of Qiyas Chapter 4 - Subject matter of Qiyas Chapter 5 - The kinds of Qiyas Chapter 6 - Definition of Qiyas Chapter 7 - The Original Case Chapter 8 - The Parallel Case Chapter 9 - Rationality of legal injunctions Chapter 10 - Definition of legal cause Chapter 11 - The conditions of legal cause Chapter 12 - The kinds of legal cause Chapter 13 - The methods of determing the legal cause Chapter 14 - The modes of reasoning in legal cause Chapter 15 - The mediate cause and its kinds Chapter 16 - The condition and its kinds Chapter 17 - The sign and its kinds Chapter 18 - The impediments to the rule of law Chapter 19 - The Principle of Istihsan Chapter 20 - The Critique of Qiyas Conclusion
Author : Shahid Rahman
Publisher : Springer Nature
ISBN 13 : 3030223825
Total Pages : 285 pages
Book Rating : 4.0/5 (32 download)
Download or read book Inferences by Parallel Reasoning in Islamic Jurisprudence written by Shahid Rahman and published by Springer Nature. This book was released on 2020-01-13 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph proposes a new (dialogical) way of studying the different forms of correlational inference, known in the Islamic jurisprudence as qiyās. According to the authors’ view, qiyās represents an innovative and sophisticated form of dialectical reasoning that not only provides new epistemological insights into legal argumentation in general (including legal reasoning in Common and Civil Law) but also furnishes a fine-grained pattern for parallel reasoning which can be deployed in a wide range of problem-solving contexts and does not seem to reduce to the standard forms of analogical reasoning studied in contemporary philosophy of science and argumentation theory. After an overview of the emergence of qiyās and of the work of al-Shīrāzī penned by Soufi Youcef, the authors discuss al-Shīrāzī’s classification of correlational inferences of the occasioning factor (qiyās al-'illa). The second part of the volume deliberates on the system of correlational inferences by indication and resemblance (qiyās al-dalāla, qiyās al-shabah). The third part develops the main theoretical background of the authors’ work, namely, the dialogical approach to Martin-Löf's Constructive Type Theory. The authors present this in a general form and independently of adaptations deployed in parts I and II. Part III also includes an appendix on the relevant notions of Constructive Type Theory, which has been extracted from an overview written by Ansten Klev. The book concludes with some brief remarks on contemporary approaches to analogy in Common and Civil Law and also to parallel reasoning in general.
Author : Mohammad Omar Farooq
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Analogical Reasoning (Qiyas) and the Commodification of Women written by Mohammad Omar Farooq and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analogical reasoning (Qiyas) is one of the four sources of Islamic fiqh. It is recognized that the outcomes of Qiyas are generally speculative in nature. However, a vast portion of the corpus of Islamic law is derived based on Qiyas. One such area is marital relationship and mutual rights of the spouses. In several areas of marital relationship and mutual rights, the Islamic jurisprudents have applied concepts and tools that are related to commerce or business (tijarah). Such terminologies include bai' (exchange/buy/sale) and ijarah (lease). This paper examines such employment of business-related framework in the area of marital relationship and mutual rights. Based on both classical and post-classical legal sources, the author analyzes the legalistic tendency underlying the legacy of the traditional Islamic law, as exemplified in using business-related framework in an overreaching manner. Such tendency is akin to commodification of women, which is inconsistent with the values and spirit of Islam, as enshrined in the primary two sources, the Qur'an and Sunnah. A broad range of gender-related issues is related to such commodified view of woman. Also, this paper offers an explanation of how the traditional Islamic view on slavery might be closely connected to this commodified view. Furthermore, it sheds light on how such commodification can impact on family as a central social institution. The paper identifies some of the relevant areas, where the use of Qiyas has been overstretched in Islamic law and strong circumspection is called for in employing such business-related framework to marital/gender relationship.
Author : Omar Farahat
Publisher : Cambridge University Press
ISBN 13 : 1108476767
Total Pages : 259 pages
Book Rating : 4.1/5 (84 download)
Download or read book The Foundation of Norms in Islamic Jurisprudence and Theology written by Omar Farahat and published by Cambridge University Press. This book was released on 2019-01-31 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new way of understanding classical Islamic theories, holding that divine revelation is necessary for the knowledge of norms and its reading of the issue of reason breaks new ground in Islamic theology, law and ethics. It will appeal to students and scholars of Islamic studies, Islamic ethics, law and post-colonial theory.
Author : Mohammed Ali Al-Bar
Publisher : Springer
ISBN 13 : 3319184288
Total Pages : 273 pages
Book Rating : 4.3/5 (191 download)
Download or read book Contemporary Bioethics written by Mohammed Ali Al-Bar and published by Springer. This book was released on 2015-05-27 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.
Author : David Adams Leeming
Publisher : Springer Science & Business Media
ISBN 13 : 038771801X
Total Pages : 1023 pages
Book Rating : 4.3/5 (877 download)
Download or read book Encyclopedia of Psychology and Religion: L-Z written by David Adams Leeming and published by Springer Science & Business Media. This book was released on 2009-10-26 with total page 1023 pages. Available in PDF, EPUB and Kindle. Book excerpt: Integrating psychology and religion, this unique encyclopedia offers a rich contribution to the development of human self-understanding. It provides an intellectually rigorous collection of psychological interpretations of the stories, rituals, motifs, symbols, doctrines, dogmas, and experiences of the world’s religious traditions. Easy-to-read, the encyclopedia draws from forty different religions, including modern world religions and older religious movements. It is of particular interest to researchers and professionals in psychology and religion.
Author : Muhammad Iqbal
Publisher : Springer Nature
ISBN 13 : 3030916766
Total Pages : 274 pages
Book Rating : 4.0/5 (39 download)
Download or read book Arsyad al-Banjari’s Insights on Parallel Reasoning and Dialectic in Law written by Muhammad Iqbal and published by Springer Nature. This book was released on 2022-06-16 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an epistemological study of the great Islamic scholar of Banjarese origin, Syeikh Muhammad Arsyad al-Banjari (1710-1812) who contributed to the development of Islam in Indonesia and, in general, Southeast Asia. The work focuses on Arsyad al-Banjari’s dialectical use and understanding of qiyās or correlational inference as a model of parallel reasoning or analogy in Islamic jurisprudence. This constituted the most prominent instrument he applied in his effort of integrating Islamic law into the Banjarese society.This work studies how Arsyad al-Banjari integrates jadal theory or dialectic in Islamic jurisprudence, within his application of qiyās. The author develops a framework for qiyās which acts as the interface between jadal, dialogical logic, and Per Martin-Löf’s Constructive Type Theory (CTT). One of the epistemological results emerging from the present study is that the different forms of qiyās applied by Arsyad al-Banjari represent an innovative and sophisticated form of reasoning. The volume is divided into three parts that discuss the types of qiyās as well their dialectical and argumentative aspects, historical background and context of Banjar, and demonstrates how the theory of qiyās comes quite close to the contemporary model of parallel reasoning for sciences and mathematics developed by Paul Bartha (2010). This volume will be of interest to historians and philosophers in general, and logicians and historians of philosophy in particular.
Author : Joseph Edmund Lowry
Publisher : BRILL
ISBN 13 : 9004163603
Total Pages : 460 pages
Book Rating : 4.0/5 (41 download)
Download or read book Early Islamic Legal Theory written by Joseph Edmund Lowry and published by BRILL. This book was released on 2007 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive reinterpretation of Sh?fi 's "Ris?la" and shows how Sh?fi sought to formulate an all-embracing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qur n and the Sunna.
Author : Maciej Koszowski
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527532496
Total Pages : 232 pages
Book Rating : 4.5/5 (275 download)
Download or read book Analogical Reasoning in Law written by Maciej Koszowski and published by Cambridge Scholars Publishing. This book was released on 2019-04-02 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith—astonishing or not—not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.
Author : Mohammad Hashim Kamali
Publisher :
ISBN 13 : 9780946621811
Total Pages : 546 pages
Book Rating : 4.6/5 (218 download)
Download or read book Principles of Islamic Jurisprudence written by Mohammad Hashim Kamali and published by . This book was released on 2003 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Wael B. Hallaq
Publisher : Routledge
ISBN 13 : 1000585042
Total Pages : 340 pages
Book Rating : 4.0/5 (5 download)
Download or read book Law and Legal Theory in Classical and Medieval Islam written by Wael B. Hallaq and published by Routledge. This book was released on 2022-02-23 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: These studies by Wael Hallaq represent an important contribution to our understanding of the neglected field of medieval Islamic law and legal thought. Spanning the period from the 8th to the 16th centuries, they draw upon a wide range of original sources to offer both fresh interpretations of those sources and a careful evaluation of contemporary scholarship. The first articles expound the interrelated issues of legal reasoning, legal logic and the epistemology of the law. There follows a set of primarily historical studies, which question a series of widely held assumptions, while the last items explore issues of legal theory and methodology. One particular topic concerns the role of Shafi'i as the ’master architect’ of Islamic legal theory, and Professor Hallaq would finally argue that this image is in fact false and a creation of later centuries.
Author : Wael B. Hallaq
Publisher : Cambridge University Press
ISBN 13 : 1139489305
Total Pages : 209 pages
Book Rating : 4.1/5 (394 download)
Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
Author : Wael B. Hallaq
Publisher : Cambridge University Press
ISBN 13 : 9780521599863
Total Pages : 308 pages
Book Rating : 4.5/5 (998 download)
Download or read book A History of Islamic Legal Theories written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 1997 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.
Author : Wael B. Hallaq
Publisher : Routledge
ISBN 13 :
Total Pages : 356 pages
Book Rating : 4.3/5 (91 download)
Download or read book Law and Legal Theory in Classical and Medieval Islam written by Wael B. Hallaq and published by Routledge. This book was released on 1994 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the law and legal theory in classical and medieval Islam. Among the topics covered are: non-analogical arguments in Sunni juridical Qiyas; logic and formal arguments in Sunni jurisprudence; inductive corroboration; and al-Shafi'i and his influence on Islamic jurisprudence.
