Sebanyak 41 item atau buku ditemukan

Maqasid Al-Shariah A Beginner's Guide

Current applications (or rather, misapplications) of Islamic law are reductionist rather than holistic, literal rather than moral, one-dimensional rather than multidimensional, binary rather than multi-valued, deconstructionist rather than reconstructionist, and causal rather than teleological. There is lack of consideration and functionality of the overall purposes and underlying principles of the Islamic law as a whole. Further, exaggerated claims of ‘rational certainty’ (or else, ‘irrationality’) and ‘consensus of the infallible’ (or else, ‘historicity of the scripts’) add to lack of spirituality, intolerance, violent ideologies, suppressed freedoms, and authoritarianism. Thus, a maqasidi approach takes juridical issues to a higher philosophical ground, and hence, overcomes (historical) differences over politics between Islamic schools of law, and encourages a much-needed culture of conciliation and peaceful coexistence. Moreover, the realization of purposes should be the core objective of all fundamental linguistic and rational methodologies of ijtihad, regardless of their various names and approaches. Thus, the validity of any ijtihad should be determined based on its level of achieving ‘purposefulness,’ or realizing maqasid al-shari’ah.

478 ah/1085 ce) wrote al-Burh¥n fÏ U|‰l al-Fiqh (The Proof in the Fundamentals
of Law), which was the first juridical treatise to introduce a theory of 'levels of
necessity' in a way that is similar to today's familiar theory. He suggested five
levels ...

Law and British Muslims

Domination of the Majority Or Process of Balance?

Every student of law in the UK knows – or learns at the outset – that Britain is one
of the few countries with no written constitution. This is not yet another tome on
the anomalies that this omission creates, or a treatise on the dangers of having
an ...

The Islamic Marriage Contract

Case Studies in Islamic Family Law

It is often said that marriage in Islamic law is a civil contract, not a sacrament. This volume collects papers from many disciplines examining the Muslim marriage contract. Articles cover doctrines as to marriage contracts (e.g., may a wife stipulate monogamy?); historical instances; comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide.

It is often said that marriage in Islamic law is a civil contract, not a sacrament. This volume collects papers from many disciplines examining the Muslim marriage contract.

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

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.

Al-Shāṭibī then goes on to maintain that an inductive reading of Islamic Law will
lead to the indubitable conclusion that the Law was laid down for no other
purpose than to serve human beings' interests, and that this type of occasion-
based ...

Forensic Psychiatry in Islamic Jurisprudence

This is the first book in Forensic Psychiatry that focuses on the application of psychiatry to legal issues connected with Islamic jurisprudence. Holding a unique position amongst the world’s religions in its containment of every aspect of human existence, it is openly natural for Islam to govern both the spiritual and legislative aspects of life. It is therefore not surprising that one of the most important conclusions drawn by the study is that ability of Islamic jurisprudence to cover almost every issue raised in the field of forensic psychiatry. The range of interpretations encompassing these issues is so wide that a match for many aspects of different secular laws can be found in at least one of the four schools of thought. This gives contemporary psychiatry in any Islamic country a broad spectrum of tools to work with, enabling the utilization of options specific to particular societal and cultural norms. This book will appeal to both the general as well as the academic reader drawing important and wide-ranging conclusions relevant for many individuals and societies in the Islamic world. This work will appeal to both the general as well as the academic reader drawing important and wide-ranging conclusions relevant for many individuals and societies in the Islamic world.

page Foreword ix Author's Introduction xi About this book xi About the Shari¢ah
or Islamic law xv The principles or sources of fiqh xix Balancing benefit and harm
xxii Judicial System in Islamic Law xxiv The System of Courts xxvi 1. Privileges ...

Jewish and Islamic Law

A Comparative Study of Custom During the Geonic Period

Gideon Libson's highly original work on custom is the first attempt to present a comprehensive comparative study of Jewish-Islamic law on a particular topic during the early Middle Ages. His in-depth study of Islamic law—its sources, legal schools, and extensive legal literature—together with his expertise in the wide range of geonic and rabbinic literature enable him to determine the influence of Muslim practice on geonic custom. In both systems of law the growth of custom was a reaction to the general culture. He shows conclusively how custom in both systems of law served as a conduit for the absorption of changes, thus helping to bridge the gap between the authoritative legal systems and the practical realities of the environment. Libson's contribution to the study of comparative Jewish and Islamic law during the geonic period will be of value to scholars engaged in the study of comparative law.

Gideon Libson's highly original work on custom is the first attempt to present a comprehensive comparative study of Jewish-Islamic law on a particular topic during the early Middle Ages.

Islamic Law of Business Organization Partnerships

The author attempts to spell out the Islamic principles on which business enterprise should be based specially in the area of partnership. He displays a strikingly acute awareness of Islamic laws on the subject, matched by an equally striking awareness of the forms of business organization in vogue in the contemporary world. The work represents a serious scholarly effort to sort out complicated questions such as those mentioned above, to enunciate Islamic principles relative to business enterprise, and to apply them in the changed context of present-day business.

1.3 Some Difficulties on the Way There are some difficulties involved in the study
and understanding of the Islamic law of business organization. These are not
insurmountable, but the reader needs to be cautioned as some of these problems
 ...

Toward Our Reformation: From Legalism to Value-Oriented Islamic Law and Jurisprudence

It is the author’s contention that at the heart of the Muslim predicament lies ignorance and/or lack of commitment to core Islamic values, thus what is advocated throughout this work is a return to what is termed a “value-oriented” approach. We further learn that with the passage of time what we today consider to be the Shariah is in effect an original hub enveloped in a labyrinthine shroud of scholastic views and deductions hindering Muslim development, and to rely on fraudulent hadith and fallacious implementation of hudud law is not only to betray the spirit of the Qur’an and the Prophet’s message, but a disastrous exercise. Consequences being blatant abuse of the Muslim populace under cover of implementing a bogus Shariah. This abuse and misapplication is explored throughout the work.

This understanding is reflected in the historical development of the Shari¢ah as a
rigid body of theological dogmas and legal codes: By the tenth century, the basic
development of Islamic law was completed. The general consensus (Ijma) of ...

Insurgency & International Law: The Case of Darfur

This is the first in a series of pamphlets discussing insurgency and its legal
validity under international law. Taking controversial and often emotive conflicts
as examples, the author argues passionately for the contention that was once ...

Maqasid Al-Shariah as Philosophy of Islamic Law

A Systems Approach

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.

A hindrance (m¥ni¢) is a situation that renders the legal effect of the reason
invalid. 'Correctness' (al-|i^^ah) is reached if reasons exist, conditions are met,
and hindrances are avoided. Otherwise, the transaction or action is void/incorrect
 ...