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Maslahah And The Purpose Of The Law
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Book Synopsis Maṣlaḥa and the Purpose of the Law by : Felicitas Opwis
Download or read book Maṣlaḥa and the Purpose of the Law written by Felicitas Opwis and published by BRILL. This book was released on 2010-05-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on writings of legal theory by leading jurisprudents from al-Jaṣṣāṣ (d. 370/980) to al-Shāṭibī (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maṣlaḥa (people’s well-being) as a method of extending and adapting God’s law, showing how it evolves from an obscure legal principle to being interpreted as the all-encompassing purpose of God’s law. Discussions on maṣlaḥa’s epistemology, its role in the law-finding process, the limits of human investigation into divinecommands, and the delineation of the sphere of religious law in Muslim society highlight the interplay between law, theology, logic, and politics that make maṣlaḥa a viable vehicle of legal change up to the present.
Book Synopsis Islamic Law and the Law of Armed Conflict by : Niaz A Shah
Download or read book Islamic Law and the Law of Armed Conflict written by Niaz A Shah and published by Routledge. This book was released on 2011-03-03 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law. Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law. Islamic Law and the Law of Armed Conflict will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south-east Asian studies.
Book Synopsis Minority Jurisprudence in Islam by : Susanne Olsson
Download or read book Minority Jurisprudence in Islam written by Susanne Olsson and published by Bloomsbury Publishing. This book was released on 2016-03-24 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to many Islamic jurists, the world is divided between dar al-Islam (the abode of Islam) and dar al-harb (the abode of war). This dual division of the world has led to a great amount of juridical discussion concerning what makes a territory part of dar al-Islam, what the status of Muslims living outside of this is, and whether they are obliged to obey Islamic jurisprudence. Susanne Olsson examines the differing understandings of dar al-Islam and dar al-harb, as well as related concepts, such as jihad and takfir. She thereby is able to explore how these concepts have been utilised, transformed and negotiated throughout history. As the subject of Muslims living in Europe is such a topical and sometimes controversial one, this book will appeal to researchers of modern Islam as integral to the Western experience.
Book Synopsis The Transformation of Islamic Law in Global Financial Markets by : Jonathan Ercanbrack
Download or read book The Transformation of Islamic Law in Global Financial Markets written by Jonathan Ercanbrack and published by Cambridge University Press. This book was released on 2015 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contextual analysis of Islamic financial law challenges our understanding of both Islamic law and global financial markets.
Book Synopsis Outlines of Islamic Jurisprudence - Sixth Edition by : Imran Ahsan Khan Nyazee
Download or read book Outlines of Islamic Jurisprudence - Sixth Edition written by Imran Ahsan Khan Nyazee and published by Lulu.com. This book was released on 2019-08-29 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outlines of Islamic jurisprudence covers a number of topics of usul al-fiqh, sometimes in abridged form, that have been covered in the title on the subject of Islamic Jurisprudence by the same author. The significance of this book can only be understood through a comparison with that book. Islamic jurisprudence focuses on the discipline of usul al-fiqh and deals with it in an exhaustive way. It, thus, covers the different aspects of interpretation and theories of Islamic law. The present book includes some of the topics covered in that book. The bulk of Outlines of Islamic Jurisprudence, however, summarizes the entire law of Islam presenting it in a concise yet effective way. Due to the treatment of the entire Islamic law in a comprehensive way, the book is like a short encyclopedia. The book was first published in 1998 and is now in its sixth edition. It is very popular among law students, lawyers and even the general readers.
Book Synopsis The Right to Development in International Law by : Khurshid Iqbal
Download or read book The Right to Development in International Law written by Khurshid Iqbal and published by Routledge. This book was released on 2009-09-10 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Right to Development in International Law rigorously explores the right to development (RTD) from the perspectives of international law as well as the constitutionally guaranteed fundamental rights and the Islamic concept of social justice in Pakistan. The volume draws on a wide range of relevant sources to analyse the legal status of international cooperation in contemporary international law, before exploring the domestic application of the right to development looking at the example of Pakistan, a country that is undergoing radical transformation in terms of its internal governance structures and the challenges it faces for enforcing the rule of law. Of particular importance is the examination of the RTD and Shari‘ah law in Pakistan which adds a new perspective to the RTD debate and enriches the discussion about human rights and Shari‘ah across the world. Through focusing on Pakistan the book links international perspectives and the international human rights framework with the domestic constitutional apparatus for enforcing the RTD within that jurisdiction. In doing so, Khurshid Iqbal argues that the RTD may be promoted through existing constitutional mechanisms if fundamental rights are widely interpreted by the superior courts, effectively implemented by the lower courts and if Shari‘ah law is progressively interpreted in public interest. Iqbal’s work will appeal to researchers, professionals and students in the fields of law, human rights, development, international law, South Asian Studies, Islamic law and international development studies.
Book Synopsis From God's Nature to God's Law by : Abdul Rahman Mustafa
Download or read book From God's Nature to God's Law written by Abdul Rahman Mustafa and published by Walter de Gruyter GmbH & Co KG. This book was released on 2024-11-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study explores the ways in which theological ideas regarding the nature of God shaped the jurisprudential and legal landscape of Islam. Focusing on the traditionalist theological and jurisprudential thought of Ibn Taymiyyah (d. 728/1328) and Ibn al-Qayyim (d. 751/1350), this study traces the way in which these towering scholars critiqued the dominant theological-jurisprudential tradition of their day, which was influenced by dialectical theology. Against the dialectical theologians, Ibn Taymiyyah and Ibn al-Qayyim argued that an authentically fideist, consistent and rational theory of Islamic law could only emerge from an acceptance of the reality of God’s voluntary attributes.
Book Synopsis Islamic Jurisprudence - 3rd Edition by : Imran Ahsan Khan Nyazee
Download or read book Islamic Jurisprudence - 3rd Edition written by Imran Ahsan Khan Nyazee and published by Lulu.com. This book was released on 2019-08-29 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic jurisprudence or usul al-fiqh provides the foundation for any meaningful study of Islamic law. The present book has been in the field for more than a decade and has received a positive response from many quarters. It is used as a textbook in a number of university courses. Over the years, however, students have shown an eagerness to know more. They have raised many questions whose answers the book did not provide. A catalogue of the questions asked, and those not asked, gave rise to the need to revise the book. The present, third, edition of the book has, therefore, been revised and three chapters at the end have been completely rewritten.
Download or read book Rethinking Halal written by and published by BRILL. This book was released on 2021-03-22 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Halal reflects an anthropological revolution, that of the scientising, standardising, and normalising of social life through certification which is part of a process of ‘positivisation’ that directly affected Islam and Islamic normativity.
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 Proceedings of the 2022 Brawijaya International Conference (BIC 2022) by : Yusfan Adeputera Yusran
Download or read book Proceedings of the 2022 Brawijaya International Conference (BIC 2022) written by Yusfan Adeputera Yusran and published by Springer Nature. This book was released on 2023-04-30 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access book. We proudly present the 2022 Brawijaya International Conference (BIC) as the consecutive series of conferences that is organised and hosted annually by Univeritas Brawijaya, Indonesia. The BIC 2022 will be held in Bali, Indonesia, on October 7 – 9, 2022. The conference committee consists of multi department of Univeritas Brawijaya. The BIC 2022 will present multidisciplinary research, community service essay and research, and industrial findings related to sustainable development. The BIC 2022 will be a great opportunity for exchanging ideas and knowledge in all multidisciplinary areas for academicians, scientists, practitioners, and global executives. The event will facilitate a focus group discussion and consultation for the participants, especially stakeholders, to address the current issues and challenges including the future invention and innovation within multidisciplinary areas. The BIC 2022 invites fellow researchers/scientists, students, practitioners, global executives from multidisciplinary areas to participate and gather in this event to share and discuss the related research result and finding from all multidisciplinary areas. You should not miss the great opportunity to establish partnership and acquire tremendous knowledge within the BIC 2022.
Book Synopsis Maqāṣid Al-sharīʻah by : Mohammad Hashim Kamali
Download or read book Maqāṣid Al-sharīʻah written by Mohammad Hashim Kamali and published by . This book was released on 1999 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Islam and the Trajectory of Globalization by : Louay M. Safi
Download or read book Islam and the Trajectory of Globalization written by Louay M. Safi and published by Routledge. This book was released on 2021-10-18 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the growing tension between social movements that embrace egalitarian and inclusivist views of national and global politics, most notably classical liberalism, and those that advance social hierarchy and national exclusivism, such as neoliberalism, neoconservatism, and national populism. In exploring issues relating to tensions and conflicts around globalization, the book identifies historical patterns of convergence and divergence rooted in the monotheistic traditions, beginning with the ancient Israelites that dominated the Near East during the Axial age, through Islamic civilization, and finally by considering the idealism-realism tensions in modern times. One thing remained constant throughout the various historical stages that preceded our current moment of global convergence: a recurring tension between transcendental idealism and various forms of realism. Transcendental idealism, which prioritize egalitarian and universal values, pushed periodically against the forces of realism that privilege established law and power structure. Equipped with the idealism-realism framework, the book examines the consequences of European realism that justified the imperialistic venture into Africa, the Middle East, and Latin America in the name of liberation and liberalization. The ill-conceived strategy has, ironically, engendered the very dysfunctional societies that produce the waves of immigrants in constant motion from the South to the North, simultaneously as it fostered the social hierarchy that transfer external tensions into identity politics within the countries of the North. The book focuses particularly on the role played historically by Islamic rationalism in translating the monotheistic egalitarian outlook into the institutions of religious pluralism, legislative and legal autonomy, and scientific enterprise at the foundation of modern society. It concludes by shedding light on the significance of the Muslim presence in Western cultures as humanity draws slowly but consistently towards what we may come to recognize as the Global Age. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003203360, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Download or read book Usul al-Fiqh written by Recep Dogan and published by Tughra Books. This book was released on 2015-07-07 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the sources of Islamic jurisprudence and their importance in deducing the religious rulings. It covers the concept of ijtihād (independent reasoning), its conditions and application and illustrates why it is a practice for experts rather than laymen. It also explains the differences in the levels of expertise of the mujtahids. In fact, there are seven distinct classifications of mujtahid. The book also covers the communication of God as Lawgiver with regard to the conduct of liable persons. It details the difference in probative value of communication based on the extent to which it binds an individual be it absolutely binding, a recommendation or mere permissibility. The reader will be able to understand the difference between fiqh (law) and Usūl al-Fiqh (methodology of law). Fiqh is the law itself whereas Usūl al-Fiqh is the methodology utilized to extract the law. The relationship between the two disciplines resembles that of the rules of grammar to a language, or of logic to philosophy. Usūl al-Fiqh in this sense provides the standard criteria for the correct deduction of the rulings of fiqh from the sources of Shari’ah (the Qur’an and Sunnah).
Book Synopsis Benchmarking Islamic Finance by : Mohd Ma'Sum Billah
Download or read book Benchmarking Islamic Finance written by Mohd Ma'Sum Billah and published by Routledge. This book was released on 2021-07-14 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pricing or benchmarking is a process of evaluating the performance of a financial company’s products and services or systems, against other businesses, considered to be at the top of their field, by applying a measurement of “best in performance.” This book includes contributions from the leading global experts in the field who tackle topics such as whether the Islamic financial system has been dependent on the LIBOR / EURIBOR in its benchmarking exercises to date, and thus, whether it will be affected negatively by the predicted non-existence of the LIBOR / EURIBOR from 2021 onwards. They also address the question of whether the Islamic financial system requires benchmarking of its products and services and consider the emergence of Sharī ͑ah-justified benchmarking in today’s Islamic financial system. Additionally, they look at how benchmarking formulas should be adapted to ensure the satisfaction of customers within the principles of Maqasid al-Sharī ͑ah. It takes a legal and institutional approach to the subject, which readers will find particularly valuable, as there are various forms of Islamic finance institutions that do not conform to established models in the finance industry. Furthermore, there are emerging business models that will benefit from this line of investigation. This book offers a timely analysis of these issues and redresses the existing misconceptions and misinterpretations pertaining to benchmarking, in an Islamic finance context, and, as such, provides guidance and strategies for future directions. It will appeal to researchers of Islamic banking, finance, and insurance, as well as, practitioners, particularly standard setting bodies, regulators, and policy makers.
Book Synopsis Advancing the Legal Status of Women in Islamic Law by : Mona Samadi
Download or read book Advancing the Legal Status of Women in Islamic Law written by Mona Samadi and published by BRILL. This book was released on 2021-05-25 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.
Book Synopsis Introduction to Islamic Law by : Jonathan G. Burns
Download or read book Introduction to Islamic Law written by Jonathan G. Burns and published by TellerBooks. This book was released on 2014-01-09 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: “I highly recommend ‘Introduction to Islamic Law: Principles of Civil, Criminal, and International Law under the Shari‘a’ to scholars and any individual who desires to learn about the Shari‘a and its basic values through an objective, methodical study.” Mohamed A. ‘Arafa, Ph.D. Assistant and Adjunct Professor of Law Alexandria University Faculty of Law, Egypt Islamic law (Shari‘a) is an all-inclusive legal tradition that creates a seamless web reaching from the public sphere into the private sphere of life. Thus, the Shari‘a recognizes no bifurcation between legislation and religion, no wall of separation between the mosque and the state, and no compartmentalization of morality, faith, and law. Nonetheless, the duties under Islamic law can be divided into two large subcategories, the first and most important of which mainly concerns the private, individual relationship between God and man. In contrast, the second duty mainly concerns the public, transactional relationships among individuals which – in a secular framework – is most analogous to “law.” Introduction to Islamic Law begins with an overview of Islam as a whole, including a discussion of the sources of Islamic law and sectarian distinctions. Then, the book thoroughly addresses the secondary duties of Islamic law, which govern daily transactions between individuals, including the law of contracts, property, banking and finance, and familial relations as well as criminal law and procedure and the law of war. The legal rules embodied within the Shari‘a are mandatory in jurisdictions adhering to a strict application of Islamic law. However, Islamic law remains highly influential even in Muslim-majority countries with secular legal codes. Nevertheless, given recent developments in the Arab world, as well as the rise of terrorism in the name of Islam, the Shari‘a is a subject that has seeped into the national dialogue of wholly secular, non-Muslim jurisdictions. Thus, Introduction to Islamic Law is offered for scholars and students – both Muslim and non-Muslim, with or without a legal background – for the purpose of obtaining a basic understanding of the foundational concepts of the Shari‘a.