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.

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").

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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Shariʻah Maxims

Shariʻah Maxims
Author: Muḥammad T̤āhir Manṣūrī
Publisher:
Total Pages: 271
Release: 2012
Genre: Banking law (Islamic law)
ISBN: 9789698263737

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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.

Concept And Application Of Shariah For The Construction Industry: Shariah Compliance In Construction Contracts, Project Finance And Risk Management

Concept And Application Of Shariah For The Construction Industry: Shariah Compliance In Construction Contracts, Project Finance And Risk Management
Author: Khairuddin Abdul Rashid
Publisher: World Scientific
Total Pages: 344
Release: 2018-10-19
Genre: Technology & Engineering
ISBN: 9813238925

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The application of Shariah compliance in business transactions continues to increase. The Asian financial crisis of 1997, global financial crisis of 2007-2008, Enron scandal and other reported ills besieging conventional business transactions have led to advocates of Shariah-compliant business transactions promoting the latter as a credible alternative. However, unlike the banking, commerce and financial sectors, the uptake by the construction sector was sluggish due to limited understanding of Shariah among the practitioners and policymakers compounded by the lack of research and publications on its application for the construction sector.This book is intended for students, researchers, practitioners and policymakers of the construction industry as well as the related upstream and downstream activities. It offers basic theories, challenges current practices, and proposes innovative ideas on Shariah compliance and its application for the construction industry.Related Link(s)

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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Shari'ah Law

Shari'ah Law
Author: Mohammad Hashim Kamali
Publisher: Simon and Schuster
Total Pages: 352
Release: 2008-03-17
Genre: Religion
ISBN: 1780740379

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A world expert's introduction to the controversial subject of Islamic law Providing a comprehensive and accessible examination of Shari’ah Law, this well considered introduction examines the sources, characteristic features, and schools of thought of a system often stereotyped for its severity in the West. In a progressive and graduated fashion, Mohammad Hashim Kamali discusses topics ranging from juristic disagreement to independent reasoning. Also broaching more advanced topics such as the principle of legality and the role and place of Shari’ah-oriented policy, Kamali controversially questions whether Islam is as much of a law-based religion as it has often been made out to be. Complete with a bibliography and glossary, and both a general index and an index of Arabic quotations, this wide-ranging exploration will prove an indispensable resource for Islamic students and scholars, and an informative guide to a complex topic for the general reader.

Islamic Finance

Islamic Finance
Author: Mahmoud A. El-Gamal
Publisher: Cambridge University Press
Total Pages: 239
Release: 2006-07-03
Genre: Business & Economics
ISBN: 1139457160

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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.