The Legal Maxims Of Islamic Law Excluding Five Leading Legal Maxims And Their Applications In Islamic Finance
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The Legal Maxims Of Islamic Law Excluding Five Leading Legal Maxims And Their Applications In Islamic Finance
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Author : Buerhan Saiti
language : en
Publisher:
Release Date : 2017
The Legal Maxims Of Islamic Law Excluding Five Leading Legal Maxims And Their Applications In Islamic Finance written by Buerhan Saiti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Al-qawāʻid al-fiqhīyah or legal maxims of Islamic Law are the general rules of fiqh that portray the goals and objectives of the Sharīʻah. They are applied in various cases that come under the common rulings and play a very important role in deducing many rules of fiqh since they provide a guideline to come up with particular ḥukm. There are five leading maxims, as reflected in the Majallah, such as, al-umūr bi maqāṣidihā (matters are determined according to intentions), al-yaqīn la yazūl bi alshakk (certainty is not overruled by doubt), al-mashaqqah tajlib al-taysīr (hardship begets facility), al- ḍarar yuzāl (harm must be eliminated) and al-ʻādah muḥakkamah (custom is a basis for judgment). Other than these five leading maxims, which are applicable to a number of legal principles, there are other maxims, which are not as extensive as the main maxims, but nonetheless, address a number of more detailed issues in fiqh. Usually, the maxims incorporated in this category are either an extension of maxims derived from the five leading maxims or might be unrelated. This paper seeks to analyze those maxims, other than the leading maxims, which are related to Islamic finance and to understand their roles and applications in the Islamic banking and finance industry.
Legal Maxims In Islamic Criminal Law Theory And Applications
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Author : Luqman Zakariyah
language : en
Publisher: BRILL
Release Date : 2015-10-14
Legal Maxims In Islamic Criminal Law Theory And Applications written by Luqman Zakariyah and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-14 with Law categories.
Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally. Included in this examination are the following maxims: al-Umūr bi-Maqāṣidihā ("Matters shall be Judged by their Objectives"); al-Yaqīn lā Yazūl bi-sh-Shakk ("Certainty Cannot be Overruled by Doubt"); al-Mashaqqa Tajlib at-Taysīr ("Hardship begets Facility"); Lā Ḍarar wa-lā Ḍirār ("No Injury or Harm shall be Inflicted or Reciprocated"); and al-ʿĀda Muḥakkama ("Custom is Authoritative").
Legal Maxims In Islamic Law
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Author : Necmettin Kızılkaya
language : en
Publisher: BRILL
Release Date : 2021-03-15
Legal Maxims In Islamic Law written by Necmettin Kızılkaya and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-15 with Law categories.
This study analyses the legal maxims from a conceptual and historical point of view and gives a broad overview of the application of legal maxims in substantive law manuals as well as some other sub-genres.
Islamic Legal Maxims
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Author : Azman Ismail
language : en
Publisher:
Release Date : 2013
Islamic Legal Maxims written by Azman Ismail and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Legal maxims (Islamic law) categories.
Islamic Legal Maxims
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Author : Imran Ahsan Khan Nyazee
language : en
Publisher: Lulu.com
Release Date :
Islamic Legal Maxims written by Imran Ahsan Khan Nyazee and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Islamic Legal Maxims
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Author :
language : ar
Publisher:
Release Date : 2013
Islamic Legal Maxims written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Legal maxims (Islamic law) categories.
Shari Ah Maxims
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Author : Muḥammad T̤āhir Manṣūrī
language : en
Publisher:
Release Date : 2012
Shari Ah Maxims written by Muḥammad T̤āhir Manṣūrī and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Banking law (Islamic law) categories.
A Comparative Study Of Islamic Finance In Australia And The Uk
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Author : Imran Lum
language : en
Publisher: Routledge
Release Date : 2021-09-28
A Comparative Study Of Islamic Finance In Australia And The Uk written by Imran Lum and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-28 with Business & Economics categories.
This book provides valuable insights into the practical challenges faced by the nascent Islamic finance industry and compares the Australian experience to developments in the UK. It contributes to a greater understanding of how Muslims living as a minority in Australia and the UK negotiate Islamic doctrine in secular societies by focusing on one aspect of this negotiation, namely the prohibition of ribā. There is little debate in the Islamic tradition on the prohibition of ribā. The differences, however, lie in the interpretation of ribā and the question of how Muslims live in a society that is heavily reliant on interest and conventional banking, yet at the same time adhere to Islamic guidelines. Through the words of religious leaders, Muslim professionals and university students, Imran Lum provides real accounts of how Muslims in Australia and the UK practically deal with conventional banking and finance products such as home loans, savings accounts and credit cards. He also explores Muslim attitudes towards Islamic finance and queries whether religion is the sole determining factor when it comes to its uptake. Drawing on his own unique experience as a practitioner responsible for growing an Islamic business in a conventional bank, Lum provides a firsthand account of the complexities associated with structuring Islamic finance products that are not only sharia compliant but also competitive in a non-Muslim jurisdiction. Using ṣukūk bonds as a case study, he highlights the tangible and non-tangible barriers to product development, such as tax and regulatory requirements and the rise of Islamophobia. Combining academic and industry experience, Lum unpacks the relationship of Islamic finance with Muslim identity construction in the West and how certain modalities of religiosity can lead to an uptake of Islamic finance, while others can lead to its rejection.
The Future Of Islamic Banking And Finance In Indonesia
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Author : Romi Adetio Setiawan
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-20
The Future Of Islamic Banking And Finance In Indonesia written by Romi Adetio Setiawan and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-20 with Business & Economics categories.
Sharia-compliance is the raison d’etre of Islamic banks. All of their instruments and activities should be based on sharia principles, which unfortunately exposes them to greater risks than their conventional counterparts, regulated under the dual banking system in Indonesia. These include inconsistencies between fatwas, unique reputational risks, and inefficiencies in the regulatory framework governing Islamic banks. This book critically examines the less-studied issue of developing an Islamic banking regulatory and supervisory framework that considers the risk pressures faced by Islamic banks’ operations in an Indonesian financial sector dominated by conventional banks. The book assesses the extent to which the global financial standards of the Basel Accords have been followed by Islamic Banks in Indonesia, with respect to their regulation, supervision, and risk management, to highlight the unresolved tensions in the multiple regulatory and supervisory institutions. The book proposes a middle-ground approach that accommodates modification of the existing financial regulatory and supervisory system in line with international best practice. The reforms proposed in this book offer a way for financial regulatory and supervisory agencies to further develop modern Islamic law and finance. The book will be a valuable resource for scholars and policymakers interested in the dual banking system in Indonesia.
Legal Maxims In Islamic Jurisprudence
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Author : Rashed Saud Al-Amiri
language : en
Publisher:
Release Date : 2003
Legal Maxims In Islamic Jurisprudence written by Rashed Saud Al-Amiri and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.