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Doctrine Of Istihsan Juristic Preference In Islamic Law
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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.
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 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.
Book Synopsis The Theory of Istiḥsān (juristic Preference) in Islamic Law by : Riḍwān Amẹru Yūsuf
Download or read book The Theory of Istiḥsān (juristic Preference) in Islamic Law written by Riḍwān Amẹru Yūsuf and published by . This book was released on 1992 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This thesis studies the concept of istihsan as described by the above mentioned jurists, and some of their works on the subject are 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." --
Download or read book Sarakhsi written by Husain Kassim and published by . This book was released on 1994 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Istihsan (juristic Preference) and Its Application to Contemporary Issues by : Mohammad Hashim Kamali
Download or read book Istihsan (juristic Preference) and Its Application to Contemporary Issues written by Mohammad Hashim Kamali and published by . This book was released on 1997 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Istiḥsān (juristic Preference) written by and published by . This book was released on 2006 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contemporary Bioethics by : Mohammed Ali Al-Bar
Download or read book Contemporary Bioethics written by Mohammed Ali Al-Bar and published by Springer. This book was released on 2015-05-27 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.
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.
Book Synopsis Istihsan by : Mohammad Hashim Kamali
Download or read book Istihsan written by Mohammad Hashim Kamali and published by . This book was released on 1995* with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Modern Challenges to Islamic Law by : Shaheen Sardar Ali
Download or read book Modern Challenges to Islamic Law written by Shaheen Sardar Ali and published by Cambridge University Press. This book was released on 2016-10-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.
Book Synopsis An Introduction to Islamic Law by : Wael B. Hallaq
Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
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.
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 Between God and the Sultan by : Knut S. Vikør
Download or read book Between God and the Sultan written by Knut S. Vikør and published by Oxford University Press, USA. This book was released on 2005 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.
