Islamic Legal Methodology: A New Perspective On Uşŭl Al-Fiqh

Download Islamic Legal Methodology: A New Perspective On Uşŭl Al-Fiqh PDF Online Free

Author :
Publisher : International Institute of Islamic Thought (IIIT)
ISBN 13 : 1642053511
Total Pages : 250 pages
Book Rating : 4.6/5 (42 download)

DOWNLOAD NOW!


Book Synopsis Islamic Legal Methodology: A New Perspective On Uşŭl Al-Fiqh by : Ahmad Kazemi-Moussavi

Download or read book Islamic Legal Methodology: A New Perspective On Uşŭl Al-Fiqh written by Ahmad Kazemi-Moussavi and published by International Institute of Islamic Thought (IIIT). This book was released on 2023-10-31 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the historical development of the legal methodology for the interpretation of the Shari’ah, and analyzes proposed reforms by modern Muslim scholars. This study has two goals: (1) to summarize usul al-fiqh’s rise and development from its rudimentary form to its advanced and mature phase by articulating the contributions of eminent jurists on key intellectual debates, and (2) to present a schema of reforms, new hermeneutics, and epistemology proposed by modernists to bring about foundational changes in Islamic legal methodology so that they can bypass the authority of the legal language. The critical distinction between the timeless Shari’ah and mutable jurisprudence allows for a mechanism that can review and revise juridical opinions in the light of new information.

The Spirit of Islamic Law

Download The Spirit of Islamic Law PDF Online Free

Author :
Publisher : University of Georgia Press
ISBN 13 : 0820328278
Total Pages : 233 pages
Book Rating : 4.8/5 (23 download)

DOWNLOAD NOW!


Book Synopsis The Spirit of Islamic Law by : Bernard G. Weiss

Download or read book The Spirit of Islamic Law written by Bernard G. Weiss and published by University of Georgia Press. This book was released on 2006 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.

Theories of Islamic Law

Download Theories of Islamic Law PDF Online Free

Author :
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781541283268
Total Pages : 342 pages
Book Rating : 4.2/5 (832 download)

DOWNLOAD NOW!


Book Synopsis Theories of Islamic Law by : Imran Ahsan Khan Nyazee

Download or read book Theories of Islamic Law written by Imran Ahsan Khan Nyazee and published by Createspace Independent Publishing Platform. This book was released on 2016-12-24 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main main purpose of the book was to counter the rather simplistic view of the discipline of usul al-fiqh that it represents a single uniform theory, called the classical theory. The view presented in this book was that there is no uniform single legal theory in Islam. The view of a uniform theory was held not only by the Orientalists, but many Muslim scholars as well. The view did not do justice to Islamic jurisprudence for it overlooked the rich diversity found in the Islamic legl system. Instead of one, the book shows, there are at least three legal theories, each of which has been explained by the author in some detail and with remarkable lucidity. Each of these theories has played a useful role in the past and each can play even today a vital role in the development of Islamic law. Another purpose was to explain the paradox of the so-called rigidity of Islamic law at the theoretical level accompanied with a perceptible degree of laxity in practice. The author forcefully argued that the Islamic Legal system comprises two cooperating spheres. The first sphere is relatively fixed since it is focused on given texts. This sphere falls within the domain of the jurists. The other sphere, which draws upon the general principles of Islamic law, regulates the law made by the state. These are separate but complementary spheres. Neither is the relative fixity of the first sphere a manifestation of the Muslim jurists' mental rigidity. Nor is the flexibility of the second sphere the manifestation of any cynical disregard of the revealed texts on the part of the rulers. The book has been influential in many other ways, and has given rise to research in several new directions. First published in 1994, it is still used by teachers, researchers, university students and general readers.

Maqasid Al-shariah as Philosophy of Islamic Law

Download Maqasid Al-shariah as Philosophy of Islamic Law PDF Online Free

Author :
Publisher : International Institute of Islamic Thought (IIIT)
ISBN 13 : 1565644247
Total Pages : 378 pages
Book Rating : 4.5/5 (656 download)

DOWNLOAD NOW!


Book Synopsis Maqasid Al-shariah as Philosophy of Islamic Law by : Jasser Auda

Download or read book Maqasid Al-shariah as Philosophy of Islamic Law written by Jasser Auda and published by International Institute of Islamic Thought (IIIT). This book was released on 2008-01-01 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this path breaking study, Jasser Auda presents a systems approach to the philosophy and juridical theory of Islamic law based on its purposes, intents, and higher objectives (maqasid). For Islamic rulings to fulfill their original purposes of justice, freedom, rights, common good, and tolerance in today's context, Auda presents maqasid as the heart and the very philosophy of Islamic law. He also introduces a novel method for analysis and critique, one that utilizes relevant features from systems theory, such as, wholeness, multidimensionality, openness, and especially, purposefulness of systems. This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.

Islamic Law and Society

Download Islamic Law and Society PDF Online Free

Author :
Publisher : Routledge
ISBN 13 : 1000456374
Total Pages : 312 pages
Book Rating : 4.0/5 (4 download)

DOWNLOAD NOW!


Book Synopsis Islamic Law and Society by : Emine Enise Yakar

Download or read book Islamic Law and Society written by Emine Enise Yakar and published by Routledge. This book was released on 2021-09-30 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.

Principles of Islamic Law-The Methods of Interpretation of the Texts

Download Principles of Islamic Law-The Methods of Interpretation of the Texts PDF Online Free

Author :
Publisher :
ISBN 13 : 9789670526331
Total Pages : 546 pages
Book Rating : 4.5/5 (263 download)

DOWNLOAD NOW!


Book Synopsis Principles of Islamic Law-The Methods of Interpretation of the Texts by : Saim Kayadibi

Download or read book Principles of Islamic Law-The Methods of Interpretation of the Texts written by Saim Kayadibi and published by . This book was released on 2020-06-19 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past couple of decades, interest in Islamic Law has increased in the Muslim world as well as in the non-Muslim world. The popularity of Islamic Banking and Finance has especially triggered scholarly studies in this field since usul al-fiqh is the essence of comprehending the law revealed by the Lawgiver. Despite the number of studies on Islamic Law, works dealing with usul al-fiqh, which specifically focuses on the interpretations of the texts and the methods used by the jurists, are limited especially in the English language. This book, Principles of Islamic Law-The Methods of Interpretation of the Texts (Usul al-Fiqh) is aimed at helping the students, lawyers and other interested people to understand the subject more comprehensively.

Disagreements of the Jurists

Download Disagreements of the Jurists PDF Online Free

Author :
Publisher : NYU Press
ISBN 13 : 0814771424
Total Pages : 446 pages
Book Rating : 4.8/5 (147 download)

DOWNLOAD NOW!


Book Synopsis Disagreements of the Jurists by : al-Qāḍī al-Nuʿmān

Download or read book Disagreements of the Jurists written by al-Qāḍī al-Nuʿmān and published by NYU Press. This book was released on 2015-01-19 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: A masterful overview of Islamic law and its diversity Al-Qadi al-Nu'man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids’ principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shi'i system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Isma'ili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila ma'rifat al-usul—and thus throws light on a critical stage in the historical development of Islamic legal theory (usul al-fiqh) that would otherwise be lost to history. A bilingual Arabic-English edition.

Research Handbook on Islamic Law and Society

Download Research Handbook on Islamic Law and Society PDF Online Free

Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781003068
Total Pages : 487 pages
Book Rating : 4.7/5 (81 download)

DOWNLOAD NOW!


Book Synopsis Research Handbook on Islamic Law and Society by : Nadirsyah Hosen

Download or read book Research Handbook on Islamic Law and Society written by Nadirsyah Hosen and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.

The Beginnings of Islamic Law

Download The Beginnings of Islamic Law PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1107133025
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

DOWNLOAD NOW!


Book Synopsis The Beginnings of Islamic Law by : Lena Salaymeh

Download or read book The Beginnings of Islamic Law written by Lena Salaymeh and published by Cambridge University Press. This book was released on 2016-11-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

A History of Islamic Legal Theories

Download A History of Islamic Legal Theories PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521599863
Total Pages : 308 pages
Book Rating : 4.5/5 (998 download)

DOWNLOAD NOW!


Book Synopsis A History of Islamic Legal Theories by : Wael B. Hallaq

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.

Usul al-Fiqh

Download Usul al-Fiqh PDF Online Free

Author :
Publisher : Tughra Books
ISBN 13 : 159784876X
Total Pages : 381 pages
Book Rating : 4.5/5 (978 download)

DOWNLOAD NOW!


Book Synopsis Usul al-Fiqh by : Recep Dogan

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).

The Politics of Islamic Law

Download The Politics of Islamic Law PDF Online Free

Author :
Publisher : University of Chicago Press
ISBN 13 : 022632348X
Total Pages : 360 pages
Book Rating : 4.2/5 (263 download)

DOWNLOAD NOW!


Book Synopsis The Politics of Islamic Law by : Iza R. Hussin

Download or read book The Politics of Islamic Law written by Iza R. Hussin and published by University of Chicago Press. This book was released on 2016-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

Islamic Law

Download Islamic Law PDF Online Free

Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199665591
Total Pages : 177 pages
Book Rating : 4.1/5 (996 download)

DOWNLOAD NOW!


Book Synopsis Islamic Law by : Mashood A. Baderin

Download or read book Islamic Law written by Mashood A. Baderin and published by Oxford University Press, USA. This book was released on 2021 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.

Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel

Download Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel PDF Online Free

Author :
Publisher : Rowman & Littlefield
ISBN 13 : 1793640971
Total Pages : 223 pages
Book Rating : 4.7/5 (936 download)

DOWNLOAD NOW!


Book Synopsis Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel by : Ahmad Natour

Download or read book Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel written by Ahmad Natour and published by Rowman & Littlefield. This book was released on 2021-04-07 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.

Towards Realization of the Higher Intents of Islamic Law

Download Towards Realization of the Higher Intents of Islamic Law PDF Online Free

Author :
Publisher : International Institute of Islamic Thought (IIIT)
ISBN 13 : 1565644379
Total Pages : 315 pages
Book Rating : 4.5/5 (656 download)

DOWNLOAD NOW!


Book Synopsis Towards Realization of the Higher Intents of Islamic Law by : Gamal Eldin Attia

Download or read book Towards Realization of the Higher Intents of Islamic Law written by Gamal Eldin Attia and published by International Institute of Islamic Thought (IIIT). This book was released on 2007-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an important step "towards the realization of the higher intents of the Islamic law". First, it opens the door towards the integration of contemporary values and worldview into the maqasid terminology. This is carried out via the sections on "the role of reason and experience in identifying maqasid". Secondly, the book gives answers to the complex theoretical questions on the role of maqasid in ijtihad, juristic theorization (usul), and the Islamization of the human, social, and physical sciences. Last, but not least, the book highlights the role and the necessity of a 'maqasid-informed' mindset on the intellectual and communal levels, and takes a pioneering futuristic look into this very important branch of Islamic knowledge.Maqasid al-Shariah (Higher Intents of the Islamic Law) is the most promising tool for the 'contemporization' of Islamic law and its philosophical foundations. It is also - as this book reveals - a promising tool for the realization of Islamic values and principles in the realms of judiciary, society, and even science.

Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law

Download Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law PDF Online Free

Author :
Publisher : International Institute of Islamic Thought (IIIT)
ISBN 13 : 1565644123
Total Pages : 482 pages
Book Rating : 4.5/5 (656 download)

DOWNLOAD NOW!


Book Synopsis Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law by : Ahmad Al-Raysuni

Download or read book Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law written by Ahmad Al-Raysuni and published by International Institute of Islamic Thought (IIIT). This book was released on 2005-01-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the end of the early Islamic period, Muslim scholars came to sense that a rift had begun to emerge between the teachings and principles of Islam and Muslims’ daily reality and practices. The most important means by which scholars sought to restore the intimate contact between Muslims and the Qur’an was to study the objectives of Islam, the causes behind Islamic legal rulings and the intentions and goals underlying the Shari'ah, or Islamic Law. They made it clear that every legal ruling in Islam has a function which it performs, an aim which it realizes, a cause, be it explicit or implicit, and an intention which it seeks to fulfill, and all of this in order to realize benefit to human beings or to ward off harm or corruption. They showed how these intentions, and higher objectives might at times be contained explicitly in the texts of the Qur’an and the Sunnah, while at other times, scholars might bring them to light by means of independent reasoning based on their understanding of the Qur’an and the Sunnah within a framework of time and space. This book represents a pioneering contribution presenting a comprehensive theory of the objectives of Islamic law in its various aspects, as well as a painstaking study of objectives-based thought as pioneered by the father of objectives-based jurisprudence, Imam Abu Ishaq al-Shatibi; in addition, the author presents us with an important study of al-Shatibi himself which offers a wealth of new, beneficial information about the life, thought and method of this venerable man.

Islamic Legal Thought

Download Islamic Legal Thought PDF Online Free

Author :
Publisher : BRILL
ISBN 13 : 9004255885
Total Pages : 606 pages
Book Rating : 4.0/5 (42 download)

DOWNLOAD NOW!


Book Synopsis Islamic Legal Thought by : David Powers

Download or read book Islamic Legal Thought written by David Powers and published by BRILL. This book was released on 2013-10-09 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.