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Istihsan The Doctrine Of 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 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 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 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 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 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 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 Ibn Taymiyya's Concept of Istihsan: an Understanding of Legal Reasoning in Islamic Jurisprudence by : Ahmad Syukri Shaleh
Download or read book Ibn Taymiyya's Concept of Istihsan: an Understanding of Legal Reasoning in Islamic Jurisprudence written by Ahmad Syukri Shaleh and published by . This book was released on 1995 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This thesis studies the theory of istihsan, an aspect of Islamic legal reasoning, as a method for ascertaining the legal norm in cases where qiyas dictates an overly strict ruling. The study primarily focuses on the concept presented by Ibn Taymiyya (d. 728/1328), a prominent Muslim theologian, philosopher, sufi and outstanding jurist. Placed in the context of later development, Ibn Taymiyya's theory proposes both a criticism and reformulation of the Hanafi school's perception of istihsan. Having observed previous formulations, Ibn Taymiyya sees this theory as being understood as an arbitrary contradiction to qiyas. Although attempts to redefine the theory, through rigorous definition and well-calculated application were conducted by later Hanafi jurists, criticism from other schoools continued unabated. To this effect, Ibn Taymiyya's contribution emerges as an alternative solution. In order to fully understand istihsan, Ibn Taymiyya contends that one must determine particularization of the cause (takhsid s al-'illa). By doing this, istihsan and qiyas can be easily distinguished. He, thus, perceives istihsan as takhsid s al-'illa. Unlike the Hanafis, Ibn Taymiyya does not juxtapose istihsan against qiyas sahid h. He argues that if there is a contradiction, it must be proved by a decisive descrepancy (farq mu'aththir) provided by the law giver. Furthermore, when qiyas produces an unsatisfactory legal norm, takhsid s al-'illa represents a viable alternative. Above all, Ibn Taymiyya contends that istihsan must be supported by the revealed texts, consensus or necessity." --
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.
Download or read book Land, Law and Islam written by Hilary Lim and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Book Synopsis The Economy of Certainty by : Aron Zysow
Download or read book The Economy of Certainty written by Aron Zysow and published by Lockwood Press. This book was released on 2014-06-23 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aron Zysow's 1984 Ph.D. dissertation, "The Economy of Certainty," remains the most important, compelling, and intellectually ambitious treatment of Islamic legal theory (usul al-fiqh) in Western scholarship to date. It continues to be widely read and cited, and remains unsurpassed in its incisive analysis of the most fundamental assumptions of Islamic legal thought. Zysow argues that the great dividing line in Islamic legal thought is between those legal theories that require certainty in every detail of the law and those that will admit probability. The latter were historically dominant and include the leading legal schools that have survived to our own day. Zahirism and, for much of its history, Twelver Shi'ism, are examples of the former. The well-known dispute regarding the legitimacy of juridical analogy is only one feature of this fundamental epistemological division, since probability can enter the law in the process of authenticating prophetic traditions and in the interpretation of the revealed texts, as well as through analogy. The notion of consensus in Islamic legal theory functioned to reintroduce some measure of certainty into the law by identifying one of the competing probable solutions as correct. Consequently consensus has only a reduced role, if any, in those systems that reject probability. Another, more radical, means of regaining certainty was the doctrine that regarded the legal reasoning of all qualified jurists on matters of probability as infallible. The development of legal theories of both types, that of Zahirism no less than that of Hanafism, was to a large extent shaped by theology and, most significantly, by Mu'tazilism, and subsequently by Ash'arism and Maturidism. Zysow's important work is published here in full, for the first time, with updated references and some further reflections by the author.
Book Synopsis War and Peace in the Law of Islam by : Majid Khadduri
Download or read book War and Peace in the Law of Islam written by Majid Khadduri and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
