Islamic Legal Methodology A New Perspective On U L Al Fiqh
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Books In Brief Islamic Legal Methodology
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Author : Ahmad Kazemi Moussavi
language : en
Publisher: International Institute of Islamic Thought (IIIT)
Release Date : 2024-07-16
Books In Brief Islamic Legal Methodology written by Ahmad Kazemi Moussavi and has been published by International Institute of Islamic Thought (IIIT) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-16 with Law categories.
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.
Islamic Legal Methodology
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Author : Ahmad Kazemi Moussavi
language : en
Publisher:
Release Date : 2023
Islamic Legal Methodology written by Ahmad Kazemi Moussavi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Islamic law categories.
"THIS book discusses the historical development of the legal methodology for the interpretation of the Shari'ah, and analyzes proposed reforms by modern Muslims 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 Shariah and mutable jurisprudence allows for a mechanism that can review and revise juridical opinions in the light of new information"--
Islamic Law And Society
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Author : Emine Enise Yakar
language : en
Publisher: Routledge
Release Date : 2021-09-30
Islamic Law And Society written by Emine Enise Yakar and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with Law categories.
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.
Legal Authority In Premodern Islam
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Author : Fachrizal A. Halim
language : en
Publisher: Routledge
Release Date : 2014-11-20
Legal Authority In Premodern Islam written by Fachrizal A. Halim and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-20 with Religion categories.
Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b. Sharaf al-Nawawī, who is regarded as the chief contributor to the legal tradition known as the Shāfi'ī madhhab in traditional Muslim sources, named after Muhammad b. Idrīs al-Shāfi'ī (d. 204/820), the supposed founder of the school of law. Al-Nawawī’s legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawī’s place in the long-term formation of the madhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shāfi'ites, i.e., the tarīqas of the Iraqians and Khurasanians. This book revisits the history of the Shāfi'ī school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi’ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.
Maqasid Al Shariah As Philosophy Of Islamic Law
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Author : Jasser Auda
language : en
Publisher: International Institute of Islamic Thought (IIIT)
Release Date : 2008-01-01
Maqasid Al Shariah As Philosophy Of Islamic Law written by Jasser Auda and has been published by International Institute of Islamic Thought (IIIT) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Religion categories.
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.
The Evolution Of Fiqh Islamic Law And The Madh Habs
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Author : Abu Ameenah Bilaal Philips
language : en
Publisher: khalid siddiqui
Release Date : 2003
The Evolution Of Fiqh Islamic Law And The Madh Habs written by Abu Ameenah Bilaal Philips and has been published by khalid siddiqui this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Islamic law categories.
Constructing A Religiously Ideal Believer And Woman In Islam
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Author : A. Duderija
language : en
Publisher: Springer
Release Date : 2016-04-30
Constructing A Religiously Ideal Believer And Woman In Islam written by A. Duderija and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-30 with Social Science categories.
In this comprehensive study, Adis Duderija examines how Neo Traditional Salafi thought (NTS) and progressive Muslims interpret the normative concepts of 'Believer' and 'Muslim Woman' in contemporary Islam
The Politics Of Islamic Law
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Author : Iza R. Hussin
language : en
Publisher: University of Chicago Press
Release Date : 2016-03-31
The Politics Of Islamic Law written by Iza R. Hussin and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-31 with Law categories.
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 Finance
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Author : Mahmoud A. El-Gamal
language : en
Publisher: Cambridge University Press
Release Date : 2006-07-03
Islamic Finance written by Mahmoud A. El-Gamal and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-03 with Business & Economics categories.
This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance - from personal loans to investment banking, and from market structure to corporate governance - Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of 'Islamization' of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.
Contemporary Bioethics
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Author : Mohammed Ali Al-Bar
language : en
Publisher: Springer
Release Date : 2015-05-27
Contemporary Bioethics written by Mohammed Ali Al-Bar and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-27 with Medical categories.
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.