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Maslahah And The Purpose Of The Law
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Book Synopsis Sharia and the Concept of Benefit by : Abdul Aziz bin Sattam
Download or read book Sharia and the Concept of Benefit written by Abdul Aziz bin Sattam and published by Bloomsbury Publishing. This book was released on 2015-02-13 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of maslaha has a rich history in classical legal thought and literature. Conventionally translated into English as 'general benefit' or 'general interest', it has been the subject, over many centuries, of intense argument in Muslim legal manuals about how the concept should be constructed and how it might be interpreted. Some celebrated scholars have even elevated its status to an independent legal source; while other prominent jurists have spoken of the special strictures which need to be applied to maslaha when considering it within the overall framework of Islamic law. In this thorough and original treatment of the concept, Abdul Aziz bin Sattam offers the first sustained examination of one of the most important tenets of Sharia. Seeking to illuminate not only the intricacies of its application, but also the wider history which has shaped it, the author examines its foundations, theoretical underpinnings and the key debates in both classical and contemporary texts. His book will be a vital resource for all those with an interest in Islamic law, whether of the medieval or modern periods.
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: Analyzing pre-modern writings on Islamic legal theory, this book comprehensively presents the transformation of the concept of maṣlaḥa as a vehicle of legal change from a minor legal principle to being understood as the all-encompassing purpose of God’s law.
Book Synopsis Malik's Concept of Maslahah (the Consideration of the Common Good) by : Yushau Sodiq
Download or read book Malik's Concept of Maslahah (the Consideration of the Common Good) written by Yushau Sodiq and published by . This book was released on 1991 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Utility in Classical Islamic Law by : Ihsan Abdul-Wajid Bagby
Download or read book Utility in Classical Islamic Law written by Ihsan Abdul-Wajid Bagby and published by . This book was released on 1992 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 256 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 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 Utility in Classical Islamic Law by : Ihsan Abdul-Wajid
Download or read book Utility in Classical Islamic Law written by Ihsan Abdul-Wajid and published by . This book was released on 1986 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Utility in Classical Islamic Law by : Ihsan Abdul-Wajid Bagby
Download or read book Utility in Classical Islamic Law written by Ihsan Abdul-Wajid Bagby and published by . This book was released on 1986 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation will investigate such topics as the role of maslahah in qiyas, maslahah mursalah, istihsan, and other principles of maslahah like sadd al-dharai'('c).
Book Synopsis Have We Neglected the Shari'ah-law Doctrine of Maslahah? by : Mohammad Hashim Kamali
Download or read book Have We Neglected the Shari'ah-law Doctrine of Maslahah? written by Mohammad Hashim Kamali and published by . This book was released on 1988 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Maslahah (public Interest) and Its Application in Contemporary Issues (with Special Reference to the Majelis Ulama Indonesia) by : Mufty Labib Abd. Rahman
Download or read book Maslahah (public Interest) and Its Application in Contemporary Issues (with Special Reference to the Majelis Ulama Indonesia) written by Mufty Labib Abd. Rahman and published by . This book was released on 1997 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation is prepared as partial requirement for the Master of Comparatives Law degree at International University Malaysia. This dissertation is an effort to identify maslahah as one of the many sources of Shari`ah which have not been consensusly agreed by Islamic scholars and jurist and its application in contemporary issues (with special reference to Fatwa of Majelis Ulama Indonesia). The title of this dissertation is : Maslahah (Public Interest (and its application in contemporary issues (with special referecne to the Fatwa of Majelis Ulama Indonesia). Sources of Shari`ah such as the Quran, the Hadith, Ijma`, and the Qiyas have been widely accepted by Islamic scholars and jurists. Nevertheless in this modern age many solutions to modern problem could not be directly solved through the normally agreed convention of Islamic jurisprudence. For the puropose of this research, the writer has identified the Komisi Fatwa dan Hukum Majelis Ulama Indonesia as reference point to illustrate the methodology of Maslahah as being relevant and credible in solving modern age problelms. In fact the writer triies to establish without hesitation that maslahah was one of the methodologies employed in the formulation of Islamic law based on the Quran, the Hadith, and Ijtihad among the Companions and followers during the early days of Islam and even in contemporary times.
Book Synopsis Al-Tufi's Concept of Maslahah. An Attempt to Apply on the Woman's Inheritance in the Islamic Inheritance Jurisprudence by : Mohamed Gad
Download or read book Al-Tufi's Concept of Maslahah. An Attempt to Apply on the Woman's Inheritance in the Islamic Inheritance Jurisprudence written by Mohamed Gad and published by GRIN Verlag. This book was released on 2021-05-18 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Masterarbeit aus dem Jahr 2020 im Fachbereich Orientalistik / Sinologie - Islamwissenschaft, Note: 1,8, Universität Leipzig (Oriental Institute), Veranstaltung: Arabic and islamic Studies, Sprache: Deutsch, Abstract: This study aims to find an access point from which one can arrive at a principle that, based on the authoritative sources of Islam, provides a solution to the current problems of the entire Islamic community. The study deals scientifically with the concepts common good (al-Maslahah), the text (al-Nass) and the specification (at-Takhsis) of Al-Tufi to then examine whether this principle applies to current problems of Islamic law how the daughters' inheritance entitlement is to be applied. The right of inheritance of women in Islam was revolutionary. Now that women are on the job market, take part in the maintenance of the family, and even become the breadwinner, it is totally unfair to give them only half of the inheritance of a male person. The practice of the Companions of the Prophet shows several cases where they have deviated from the authoritative parts of the inheritance in the Quran for achieving justice among the heirs, which questions whether they have any definite meaning. Did the inheritance parts in the Quran only serve as guiding examples? The maslaha concept by Al-Tufi checks the legal norms for consequences in reality. If a norm was derived from a presumptive text and in practice somehow leads to harm to people, one may rather recognize the benefit of the people and avert the harm. Whether the inheritance of Quranic parts are presumptive and the maslaha concept comes into use is the subject of this thesis.
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.
