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Ibn Taymiyyas Concept Of Istihsan An Understanding Of Legal Reasoning In Islamic Jurisprudence
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Book Synopsis Ibn Taymiyya's Concept of Istihsan: an Understanding of Legal Reasoning in Islamic Jurisprudence by : Ahmad Syukri Shaleh
Download or read book Ibn Taymiyya's Concept of Istihsan: an Understanding of Legal Reasoning in Islamic Jurisprudence written by Ahmad Syukri Shaleh and published by . This book was released on 1995 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This thesis studies the theory of istihsan, an aspect of Islamic legal reasoning, as a method for ascertaining the legal norm in cases where qiyas dictates an overly strict ruling. The study primarily focuses on the concept presented by Ibn Taymiyya (d. 728/1328), a prominent Muslim theologian, philosopher, sufi and outstanding jurist. Placed in the context of later development, Ibn Taymiyya's theory proposes both a criticism and reformulation of the Hanafi school's perception of istihsan. Having observed previous formulations, Ibn Taymiyya sees this theory as being understood as an arbitrary contradiction to qiyas. Although attempts to redefine the theory, through rigorous definition and well-calculated application were conducted by later Hanafi jurists, criticism from other schoools continued unabated. To this effect, Ibn Taymiyya's contribution emerges as an alternative solution. In order to fully understand istihsan, Ibn Taymiyya contends that one must determine particularization of the cause (takhsid s al-'illa). By doing this, istihsan and qiyas can be easily distinguished. He, thus, perceives istihsan as takhsid s al-'illa. Unlike the Hanafis, Ibn Taymiyya does not juxtapose istihsan against qiyas sahid h. He argues that if there is a contradiction, it must be proved by a decisive descrepancy (farq mu'aththir) provided by the law giver. Furthermore, when qiyas produces an unsatisfactory legal norm, takhsid s al-'illa represents a viable alternative. Above all, Ibn Taymiyya contends that istihsan must be supported by the revealed texts, consensus or necessity." --
Book Synopsis Islamic Legal Theory by : Mashood A. Baderin
Download or read book Islamic Legal Theory written by Mashood A. Baderin and published by Routledge. This book was released on 2017-03-02 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic legal theory (usūl al-fiqh) is literally regarded as ’the roots of the law’ whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both Sunnī and Shī’ī perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject.
Book Synopsis Istihsan: The Doctrine of Juristic Preference in Islamic Law by : Saim Kayadibi
Download or read book Istihsan: The Doctrine of Juristic Preference in Islamic Law written by Saim Kayadibi and published by The Other Press. This book was released on 2019-08-20 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work constitutes a critical analysis of classical and modern aspects of the concept of istihsan (juristic preference), an important principle in Islamic legal legislation throughout history. Although there has been many research works on the subject, it still requires further investigation on the role and nature of istihsan with regard to a combination of classical and modern approaches. Consisting of four chapters, the author begins by introducing some general principles of Islamic law, before discussing the history of istihsan during the time of the Prophet and his Companions. He also analyses the validity of istihsan as a source of law and discusses the differences among scholars on its method of implementation.
Book Synopsis Doctrine of Istihsan (juristic Preference) in Islamic Law by : Saim Kayadibi
Download or read book Doctrine of Istihsan (juristic Preference) in Islamic Law written by Saim Kayadibi and published by . This book was released on 2007 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis THE BASIC CONCEPTS OF SHARIAH by : HASBOLLAH BIN MAT SAAD
Download or read book THE BASIC CONCEPTS OF SHARIAH written by HASBOLLAH BIN MAT SAAD and published by PENA HIJRAH RESOURCES. This book was released on 2020-05-07 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: By reading this book, the readers should be able: •To understand the basic concepts of Shariah; •To understand the importance of Shariah; and •To analyse and examine the Shariah issues nowadays. Hopefully, the readers will gain benefits from this book and able to understand the Shariah principles clearly.
Book Synopsis The Hanbali School of Law and Ibn Taymiyyah by : Abdul Hakim I Al-Matroudi
Download or read book The Hanbali School of Law and Ibn Taymiyyah written by Abdul Hakim I Al-Matroudi and published by Routledge. This book was released on 2006-04-18 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hanbali School of Law and Ibn Taymiyyah provides a valuable account of the development of Hanbalite jurisprudence, placing the theoretical and conceptual parameters of this tradition within the grasp of the interested reader. Studying the vibrant yet controversial interaction between Ibn Taymiyyah and the Hanbali School of law, this book assesses to what extent this relationship was a conflict or reconciliation. The author takes a detailed exploration of the following issues: the strength of contributions made to this School by earlier paragons associated with Ahmad Ibn Hanbal the contextual constructs which shaped the tradition’s development the methodology and literature synonyms within the classical School the manner by which Ibn Taymiyyah engaged with the Hanbali tradition the impact of his thought upon the later expression of the School’s legal doctrines and its theoretical principles the contribution made by this School in general to the synthesis of Islamic law. Giving background material to the Hanbali School of law, this book is a vital reference work for those with interests in Islamic law, the history of the Hanbalite tradition and its principle luminaries.
Book Synopsis Studies in Islamic Legal Theory by : Bernard G. Weiss
Download or read book Studies in Islamic Legal Theory written by Bernard G. Weiss and published by BRILL. This book was released on 2002 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains ground-breaking studies on such matters as the early development of legal theory in Islam, the emergence of "us l al-fiqh," theory vis-a-vis practice, various controversies among Muslim theorists, the construction of juristic authority, reformist concepts, and the role of "qaw cid."
Book Synopsis The Oxford Handbook of Islamic Law by : Anver M. Emon
Download or read book The Oxford Handbook of Islamic Law written by Anver M. Emon and published by Oxford Handbooks in Law. This book was released on 2018 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Oxford Handbook on Islamic Law offers a historiographic window into the scholarly treatment of a wide range of topics in the field of Islamic legal studies. Each essay, authored by an expert in the field, situates its subject in relation to historical academic scholarship. The historiographic feature of the volume is deliberate. It aims to assist readers-graduate students, scholars, and others-to appreciate the contested nature of key concepts and topics in Islamic law without taking any particular account for granted. The essays both describe and reflect on scholarly debates, and gesture to future areas of fruitful research."--webpage.
Book Synopsis Principles of Islamic Jurisprudence by : Mohammad Hashim Kamali
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.
Book Synopsis Islamic Jurisprudence by : C.G. Weeramantry
Download or read book Islamic Jurisprudence written by C.G. Weeramantry and published by Springer. This book was released on 1988-09-19 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic jurisprudence is a much misunderstood system. The misunderstanding is due to lack of information and to centuries of prejudice. This book seeks to present information, not at present available in a single work, on the pioneering efforts of Islamic jurists to develop a comprehensive body of human rights, principles and practice, as well as a corpus of international law principles. The attempt to develop such international law principles long anticipated any similar work in other legal or cultural systems. Human rights doctrine based upon the Qu'ran and the Sunna of the Prophet was expressed in terms which will strike the reader as surprisingly modern. In international law, Islamic treatises anticipated the work of Grotius by eight centuries. It is hoped that this systematic exposition, not attempted before in such detail, will help considerably in reducing misunderstanding and the resulting tensions, as well as being of considerable value to the Islamic world. The work will be of interest not only to lawyers, but also to philosophers, historians, sociologists, political scientists and students of international affairs.
Book Synopsis The Economy of Certainty by : Aron Zysow
Download or read book The Economy of Certainty written by Aron Zysow and published by Lockwood Press. This book was released on 2014-06-23 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aron Zysow's 1984 Ph.D. dissertation, "The Economy of Certainty," remains the most important, compelling, and intellectually ambitious treatment of Islamic legal theory (usul al-fiqh) in Western scholarship to date. It continues to be widely read and cited, and remains unsurpassed in its incisive analysis of the most fundamental assumptions of Islamic legal thought. Zysow argues that the great dividing line in Islamic legal thought is between those legal theories that require certainty in every detail of the law and those that will admit probability. The latter were historically dominant and include the leading legal schools that have survived to our own day. Zahirism and, for much of its history, Twelver Shi'ism, are examples of the former. The well-known dispute regarding the legitimacy of juridical analogy is only one feature of this fundamental epistemological division, since probability can enter the law in the process of authenticating prophetic traditions and in the interpretation of the revealed texts, as well as through analogy. The notion of consensus in Islamic legal theory functioned to reintroduce some measure of certainty into the law by identifying one of the competing probable solutions as correct. Consequently consensus has only a reduced role, if any, in those systems that reject probability. Another, more radical, means of regaining certainty was the doctrine that regarded the legal reasoning of all qualified jurists on matters of probability as infallible. The development of legal theories of both types, that of Zahirism no less than that of Hanafism, was to a large extent shaped by theology and, most significantly, by Mu'tazilism, and subsequently by Ash'arism and Maturidism. Zysow's important work is published here in full, for the first time, with updated references and some further reflections by the author.
Book Synopsis Islamic Finance by : Mahmoud A. El-Gamal
Download or read book Islamic Finance written by Mahmoud A. El-Gamal and published by Cambridge University Press. This book was released on 2006-07-03 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Cosmopolitan Jurisprudence by : Helge Dedek
Download or read book A Cosmopolitan Jurisprudence written by Helge Dedek and published by Cambridge University Press. This book was released on 2021-12-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Book Synopsis An Introduction to Islamic Law by : Joseph Schacht
Download or read book An Introduction to Islamic Law written by Joseph Schacht and published by . This book was released on 1982 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Routledge Handbook of Islamic Law by : Khaled Abou El Fadl
Download or read book Routledge Handbook of Islamic Law written by Khaled Abou El Fadl and published by Routledge. This book was released on 2019-05-10 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.
Book Synopsis Values in Islamic Culture and the Experience of History by : N. S. Kirabaev
Download or read book Values in Islamic Culture and the Experience of History written by N. S. Kirabaev and published by CRVP. This book was released on 2002 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Introduction to 'Ilm Al-Kalam by : Ayatullah Murtadha Mutahhari
Download or read book An Introduction to 'Ilm Al-Kalam written by Ayatullah Murtadha Mutahhari and published by Createspace Independent Publishing Platform. This book was released on 2017-05-27 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is one of the many Islamic publications distributed by Mustafa Organization throughout the world in different languages with the aim of conveying the message of Islam to the people of the world. Mustafa Organization is a registered Organization that operates and is sustained through collaborative efforts of volunteers in many countries around the world, and it welcomes your involvement and support. Its objectives are numerous, yet its main goal is to spread the truth about the Islamic faith in general and the Shi`a School of Thought in particular due to the latter being misrepresented, misunderstood and its tenets often assaulted by many ignorant folks, Muslims and non-Muslims. Organization's purpose is to facilitate the dissemination of knowledge through a global medium, the Internet, to locations where such resources are not commonly or easily accessible or are resented, resisted and fought!
