Legal Maxims in Islamic Criminal Law: Theory and Applications

Legal Maxims in Islamic Criminal Law: Theory and Applications
Author: Luqman Zakariyah
Publisher: BRILL
Total Pages: 247
Release: 2015-10-14
Genre: Law
ISBN: 9004304878

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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

Legal Maxims in Islamic Law
Author: Necmettin Kızılkaya
Publisher: BRILL
Total Pages: 324
Release: 2021-03-15
Genre: Law
ISBN: 900444467X

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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

Islamic Legal Maxims
Author: Imran Ahsan Khan Nyazee
Publisher: Lulu.com
Total Pages: 363
Release:
Genre:
ISBN: 0359883214

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Doubt in Islamic Law

Doubt in Islamic Law
Author: Intisar A. Rabb
Publisher: Cambridge University Press
Total Pages: 431
Release: 2015
Genre: History
ISBN: 1107080991

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This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.

The Legal Maxims of Islamic Law (Excluding Five Leading Legal Maxims) and Their Applications in Islamic Finance

The Legal Maxims of Islamic Law (Excluding Five Leading Legal Maxims) and Their Applications in Islamic Finance
Author: Buerhan Saiti
Publisher:
Total Pages: 13
Release: 2017
Genre:
ISBN:

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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.

The Canonization of Islamic Law

The Canonization of Islamic Law
Author: Ahmed El Shamsy
Publisher: Cambridge University Press
Total Pages: 265
Release: 2013-10-21
Genre: History
ISBN: 1107041481

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Ahmed El Shamsy's The Canonization of Islamic Law is a detailed history of the birth of classical Islamic law. It shows how Islamic law and its institutions emerged out of the canonization of the sacred sources of Quran and Sunna (prophetic practice) in the eighth and ninth centuries CE. The book focuses on the ideas and influence of the jurist al-Shāfiʿī (d. 820 CE), who inaugurated the process of canonization, and it paints a rich picture of the intellectual engagements, political turbulence, and social changes that formed the context of his and his followers' careers.

Islamic Legal Maxims

Islamic Legal Maxims
Author: Azman Ismail
Publisher:
Total Pages: 295
Release: 2013
Genre: Legal maxims (Islamic law)
ISBN: 9789670149325

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Islamic Legal Maxims

Islamic Legal Maxims
Author:
Publisher:
Total Pages: 341
Release: 2013
Genre: Legal maxims (Islamic law)
ISBN: 9789695571170

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Custom in Islamic Law and Legal Theory

Custom in Islamic Law and Legal Theory
Author: Ayman Shabana
Publisher: Springer
Total Pages: 272
Release: 2010-11-14
Genre: Religion
ISBN: 0230117341

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This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).

Law and Tradition in Classical Islamic Thought

Law and Tradition in Classical Islamic Thought
Author: M. Cook
Publisher: Springer
Total Pages: 328
Release: 2013-01-06
Genre: Social Science
ISBN: 1137078952

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Bringing together essays on topics related to Islamic law, this book is composed of articles by prominent legal scholars and historians of Islam. They exemplify a critical development in the field of Islamic Studies: the proliferation of methodological approaches that employ a broad variety of sources to analyze social and political developments.