Istiḥsān and the Renewal of Islamic Law

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Publisher :
ISBN 13 : 9789694082578
Total Pages : pages
Book Rating : 4.0/5 (825 download)

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Book Synopsis Istiḥsān and the Renewal of Islamic Law by : Mohammad Hashim Kamali

Download or read book Istiḥsān and the Renewal of Islamic Law written by Mohammad Hashim Kamali and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Istihsan: The Doctrine of Juristic Preference in Islamic Law

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Publisher : The Other Press
ISBN 13 : 9675062479
Total Pages : 385 pages
Book Rating : 4.6/5 (75 download)

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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.

Ijtihad and Renewal

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Publisher : International Institute of Islamic Thought (IIIT)
ISBN 13 : 1565649753
Total Pages : 158 pages
Book Rating : 4.5/5 (656 download)

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Book Synopsis Ijtihad and Renewal by : Said Shabbar

Download or read book Ijtihad and Renewal written by Said Shabbar and published by International Institute of Islamic Thought (IIIT). This book was released on 2017-01-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early centuries of Islam the response of Muslims to problem-solving the various issues and challenges that faced their rapidly expanding community was to use intelligence and independent reasoning based on the Qur’an and Sunnah to address them. This practice is known as ijtihad. As the centuries wore on however the gates of ijtihad were generally closed in favor of following existing rulings developed by scholars by way of analogy. And as reason and intellect, now held captive to madhhabs (schools of thought) and earlier scholarly opinion stagnated, so did the Muslim world. Ijtihad and Renewal is an analysis of ijtihad and the role it can play for a positive Muslim revival in the modern world, a revival based on society-wide economic and educational reform and development. It makes the case that the grafting of solutions rooted in the past onto the complex and unique realities of our own age, in a one-size-fits-all perspective, has paralysed the vitality of Muslim thought, and confused its sense of direction, and that to revive the Muslim world from its centuries of decline and slumber we need to revive the practice of ijtihad. Focusing attention on thinking through solutions for ourselves based on our own times and context, using the Qur’an and Sunnah, as well as the wisdom and experience of the past distilled from these, as tools in this endeavor whilst not the only solution, is certainly a viable and powerful one.

Doctrine of Istihsan (juristic Preference) in Islamic Law

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Publisher :
ISBN 13 : 9789756346792
Total Pages : 270 pages
Book Rating : 4.3/5 (467 download)

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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:

The Theory of Istihsan (juristic Preference) in Islamic Law

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Publisher :
ISBN 13 :
Total Pages : 262 pages
Book Rating : 4.:/5 (786 download)

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Book Synopsis The Theory of Istihsan (juristic Preference) in Islamic Law by : Ridwan Aremu Yusuf

Download or read book The Theory of Istihsan (juristic Preference) in Islamic Law written by Ridwan Aremu Yusuf and published by . This book was released on 1992 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Istihsan(juristic preference) deviates from and sometimes contradicts well-esta blished general precepts of law. It calls for a considerable amount of personal judgment on the part of the jurist who applies it. In the early period of Islam, istihsan was identified with ra'y (personal opinion) which frequently lacked sy stematic guide-lines. Abu Hanifah (d. 150/767) does not consider istihsan as a m erely arbitrary opinion. He believes that it is a procedure of setting aside an apparently strict ruling of analogy in the interest of fairness and justice. On the other hand, Shafi'i (d. 204/819) adopts a text-oriented approach; he believe s that a Muslim jurist is guided, not by intuition, but by textual evidence (dal il). He therefore subscribes to qiyas (inference by analogy) and rejects istihsa n. An Hanafi jurist, Sarakhsi (d. 490/1096) later wrote a chapter on the explana tion of qiyas, istihsan and takhsis al-'illah (particularization of the cause) a s a rebuttal to Shafi'i's criticism of istihsan. Ibn Taymiyah (d. 728/1327), and Hanbali jurist, not only agrees with the istihsan, but believes that it is in r eality takhsis al-'illah. To this effect, he wrote a treatise on istihsan and ca lled it Mas'alat al-Istihsan. This thesis studies the concept of istihsan as des cribed by the above mentioned jurists, and some of their works on the subject ar e translated into English. The purpose of this thesis is to offer an historical study on juristic preference, its relationship with qiyas and takhsis al-'illah. This study attempts to add to our knowledge of istihsan and leads us to further and fuller analysis of why Shafi'i rejected it.

Fatwa and the Making and Renewal of Islamic Law

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Publisher : Cambridge University Press
ISBN 13 : 1009260901
Total Pages : 307 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Fatwa and the Making and Renewal of Islamic Law by : Omer Awass

Download or read book Fatwa and the Making and Renewal of Islamic Law written by Omer Awass and published by Cambridge University Press. This book was released on 2023-05-31 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines different persons, periods, places, and principles to weave a narrative about a practice that spawned a legal tradition.

The Renewal of Islamic Law: Islamic law and the constitution

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Publisher :
ISBN 13 : 9780521433198
Total Pages : 245 pages
Book Rating : 4.4/5 (331 download)

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Book Synopsis The Renewal of Islamic Law: Islamic law and the constitution by : Šiblī Mallāṭ

Download or read book The Renewal of Islamic Law: Islamic law and the constitution written by Šiblī Mallāṭ and published by . This book was released on 1993 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Maqasid al-Shari’a and Contemporary Reformist Muslim Thought

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Publisher : Springer
ISBN 13 : 1137319410
Total Pages : 275 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Maqasid al-Shari’a and Contemporary Reformist Muslim Thought by : A. Duderija

Download or read book Maqasid al-Shari’a and Contemporary Reformist Muslim Thought written by A. Duderija and published by Springer. This book was released on 2014-09-04 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the first study which comprehensively, systematically and critically examines the role and usefulness of the concept of Maqasid al-Shari'a (higher Objectives of Islamic Law) in contemporary Muslim reformist thought in relation to number of specific issues pertaining to Islamic legal philosophy, law, ethics and the socio-political sphere.

Modern Perspectives on Islamic Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857934473
Total Pages : 319 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Modern Perspectives on Islamic Law by : E. Ann Black

Download or read book Modern Perspectives on Islamic Law written by E. Ann Black and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.

The Renewal of Islamic Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521531221
Total Pages : 264 pages
Book Rating : 4.5/5 (312 download)

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Book Synopsis The Renewal of Islamic Law by : Chibli Mallat

Download or read book The Renewal of Islamic Law written by Chibli Mallat and published by Cambridge University Press. This book was released on 1993 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of Muhammad Baqer as-Sadr - an Iraqi scholar whose ideas were influential in the rise of political Islam.

Rediscovery and Revival in Islamic Environmental Law

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Publisher : Cambridge University Press
ISBN 13 : 1108488781
Total Pages : 189 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Rediscovery and Revival in Islamic Environmental Law by : Samira Idllalène

Download or read book Rediscovery and Revival in Islamic Environmental Law written by Samira Idllalène and published by Cambridge University Press. This book was released on 2021-04 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, Sharia' and common law are compared from the perspective of environmental law to delve into their common grounds.

Islamic Law and Muslim Same-Sex Unions

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Publisher : Lexington Books
ISBN 13 : 0739189387
Total Pages : 295 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Islamic Law and Muslim Same-Sex Unions by : Junaid Jahangir

Download or read book Islamic Law and Muslim Same-Sex Unions written by Junaid Jahangir and published by Lexington Books. This book was released on 2016-10-03 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written with the objective of reasonably addressing the need of Muslim gays and lesbians for a life which involves intimacy, affection and companionship within the confines of a legal contract. Contemporary conservative Muslim leaders unreasonably promote false marriages with straight spouses, failing which they prescribe the “solution” of permanent celibacy as a “test.” This book delves into an extensive scholarship on the same sources that conservative Muslim leaders draw on—the Qur’an, Hadith and jurisprudence. It is argued that the primary sources of Muslim knowledge addressed sexual acts between the same gender in the context of inhospitality, exploitation, coercion and disease, but not true same-sex unions; past Muslim scholarship is silent on the issue of sexual orientation and Muslim same-sex unions. The arguments of contemporary conservative Muslim leaders are deconstructed and the case for Muslim same-sex unions is made based on jurisprudential principles and thorough arguments from within the Muslim tradition.

Shariah Law

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Publisher : Simon and Schuster
ISBN 13 : 1786071517
Total Pages : 304 pages
Book Rating : 4.7/5 (86 download)

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Book Synopsis Shariah Law by : Mohammad Hashim Kamali

Download or read book Shariah Law written by Mohammad Hashim Kamali and published by Simon and Schuster. This book was released on 2017-07-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Islamic Moses

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Publisher : St. Martin's Essentials
ISBN 13 : 1250256089
Total Pages : 177 pages
Book Rating : 4.2/5 (52 download)

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Book Synopsis The Islamic Moses by : Mustafa Akyol

Download or read book The Islamic Moses written by Mustafa Akyol and published by St. Martin's Essentials. This book was released on 2024-09-10 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theological and historical exploration of the connection between Islam and Judaism through the single most-mentioned character in the Quran: Moses. There is one human mentioned in the Quran more than any other: Moses. Why is it that the Jewish prophet dominates the Islamic scripture? Because he is the role model for Muhammad, Islam’s own prophet. Because Islam, just like Christianity, is deeply intertwined with Judaism — although surprisingly little attention has been given to this fascinating connection between the two religions. Author and journalist Mustafa Akyol takes readers on a theological and historical walk through that much-neglected side of the Abrahamic triangle: the Judeo-Islamic tradition. Using Moses’ presence in the Quran as a jumping-off point, Akyol explores the first historical encounter between Muslims and Jews, the creative symbiosis and mutual enrichment that occurred between the two belief systems in medieval times, and the modern emergence, development, and perception of the two religions. At a time of bitter conflict in the Middle East, The Islamic Moses dives into the older, deeper, and often unexpectedly brighter story of Jews and Muslims. Readers of any background will be surprised by the common historical and theological ground that exists between the two religions, and will come away with a better understanding of both.

THE BASIC CONCEPTS OF SHARIAH

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Publisher : PENA HIJRAH RESOURCES
ISBN 13 : 9675523166
Total Pages : 372 pages
Book Rating : 4.6/5 (755 download)

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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.

Constructing a Religiously Ideal ',Believer', and ',Woman', in Islam

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Publisher : Springer
ISBN 13 : 0230337864
Total Pages : 263 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis Constructing a Religiously Ideal ',Believer', and ',Woman', in Islam by : A. Duderija

Download or read book Constructing a Religiously Ideal ',Believer', and ',Woman', in Islam written by A. Duderija and published by Springer. This book was released on 2016-04-30 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this comprehensive study, Adis Duderija examines how Neo Traditional Salafi thought (NTS) and progressive Muslims interpret the normative concepts of 'Believer' and 'Muslim Woman' in contemporary Islam

Islamic Studies

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Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Islamic Studies by :

Download or read book Islamic Studies written by and published by . This book was released on 2004 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: