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Author : ABDELWAHAB KHALLAF
Publisher : Dar Al Kotob Al Ilmiyah دار الكتب العلمية
Page : 384 pages
File Size : 42,8 Mb
Release : 2016-01-01
Category : Religion
ISBN : 9782745101556
Author : Taha Jabir Alalwani ,A. S. Al-Shikh-Ali,Yusuf Talal DeLorenzo
Publisher : International Institute of Islamic Thought (IIIT)
Page : 97 pages
File Size : 41,5 Mb
Release : 2003
Category : Islamic law
ISBN : 9781565644045
Usul Al-Fiqh is a science which is deeply embedded in the Islamic experience and one which, thanks to its methods and concerns, helped generate an empirical trend in Muslim culture, in turn benefiting western thinking. Itself a creation of influences from within and without, Al-Usul, often called “The Philosophy of Islam,” invites both reason and revelation to work for the harmony and well-being of human society. Although the science of Al-Usul is mainly concerned with legal matters, its range and the arsenal of tools it uses makes it attractive to students of Islamic Jurisprudence as well as to other scholars of Islamic Knowledge and culture. The difficulties it poses are inevitable. This book, however, attempts to simplify this “Most important method of research ever devised by Islamic thought” during its most creative period, and bring it to the understanding and appreciation of the modern learner, while underscoring its importance and relevance to the world of Islam today.
Author : Recep Dogan
Publisher : Tughra Books
Page : 362 pages
File Size : 42,9 Mb
Release : 2015-07-07
Category : Religion
ISBN : 9781597848763
This book deals with the sources of Islamic jurisprudence and their importance in deducing the religious rulings. It covers the concept of ijtihād (independent reasoning), its conditions and application and illustrates why it is a practice for experts rather than laymen. It also explains the differences in the levels of expertise of the mujtahids. In fact, there are seven distinct classifications of mujtahid. The book also covers the communication of God as Lawgiver with regard to the conduct of liable persons. It details the difference in probative value of communication based on the extent to which it binds an individual be it absolutely binding, a recommendation or mere permissibility. The reader will be able to understand the difference between fiqh (law) and Usūl al-Fiqh (methodology of law). Fiqh is the law itself whereas Usūl al-Fiqh is the methodology utilized to extract the law. The relationship between the two disciplines resembles that of the rules of grammar to a language, or of logic to philosophy. Usūl al-Fiqh in this sense provides the standard criteria for the correct deduction of the rulings of fiqh from the sources of Shari’ah (the Qur’an and Sunnah).
Author : Imran Ahsan Khan Nyazee
Publisher : International Institute of Rch Institute
Page : 372 pages
File Size : 52,6 Mb
Release : 1994
Category : Ijtihād (Islamic law)
ISBN : STANFORD:36105026168893
Author : Wael B. Hallaq
Publisher : Cambridge University Press
Page : 308 pages
File Size : 47,7 Mb
Release : 1997
Category : Law
ISBN : 0521599865
Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.
Author : Ahmad Hasan
Publisher : Unknown
Page : 436 pages
File Size : 54,9 Mb
Release : 1993
Category : Islamic law
ISBN : STANFORD:36105112823518
Author : Ahmad Al-Raysuni
Publisher : International Institute of Islamic Thought (IIIT)
Page : 482 pages
File Size : 50,6 Mb
Release : 2005-01-01
Category : Religion
ISBN : 9781565644120
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.
Author : Taha Jabir Al-Alwani
Publisher : International Institute of Islamic Thought (IIIT)
Page : 47 pages
File Size : 40,5 Mb
Release : 1993-01-01
Category : Religion
ISBN : 9781565664050
Considering that the accepted juridical sources of Islam are valid for all times and places, ijtiahd may be described as a creative but disciplined intellectual effort to derive legal rulings from those sources while taking into consideration the variables imposed by the fluctuating circumstances of Muslim society. Consigning ijtihad to be annals of history is a denial of the rationalistic, egalitarian, and humane aspects of a realistic and durable Faith. The act would be a repudiation of the requisites of changing times and of the clamoring need to rid the Ummah of its present baggage of malaise and enable it to forge ahead, inspiring other nations and communities. It can be proved historically that the Ummah only entered its current crisis after ijtihad fell into disuse and was gradually replaced by taqlid. It is only through ijtihad that Muslims will be able to construct a new specific methodological infrastructure capable of addressing the crisis of Islamic thought and so, propose alternatives for the many problems of the contemporary world. The courage that needs to accompany such a mission is tremendous, the methodology massive an meticulous. With this work, Dr Al-Alwani has contributed to the debate on this vital issue. The very way he tackled it-sometimes with boldness, sometimes with caution-shows that the debate is not an open-and shut issue, and that it needs to be widen quickly in view of the urgency of the situation.
Author : Ahmed Akgunduz
Publisher : IUR Press
Page : 22 pages
File Size : 48,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789080719262
“The world today has become one large village. Muslims and non-Muslims live side by side and have to learn about one another, share commonalities and respect differences. At this time more than one and a half billion Muslims live in this village. Some of them are pious Muslims, trying to live in accordance with Islamic rules, whereas others do not while believing that these rules come from God (the Qur’an), from interpretations of His Messenger (the Sunnah) or the consensus of Muslim jurists (ijmâ‘), and are at least rules derived via analogy (qiyâs) from the main sources of Islam. Most Muslims think along these lines and agree with the above. The reader should remember that Muslim individuals should live according to Islamic rules in private, but no individual is responsible for implementing Islamic law. In any event, the need to learn the facts about Islamic law is necessary for Muslims as well as for non-Muslims if they live in the same society with Muslims, at least in the sense of general information. In any event, the need to learn the facts about Islamic law is necessary for Muslims as well as for non-Muslims if they live in the same society with Muslims, at least in the sense of general information. We should keep in mind here that only sovereign Muslim states/governments have the legal authority to implement Islamic law. An individual Muslim has no legal authority or power to implement Islamic law. The law of Islam certainly does not say that every Muslim is obliged to implement Islamic law. It matters not how efficient and popular that individual may be as a brave warrior or a meticulous planner of unlawful and immoral schemes of hatred, terror and destruction. Only people who are properly qualified and trained, and hold a license from Muslim governmental authorities, have the authority to issue fatwâs. Not every Muslim individual qualifies as a Muftî (a jurist-consult or scholar of law who has been given a license to issue fatwâs.). For this reason Bediuzzaman says: “And we know that the fundamental aims of the Qur’an and its essential elements are fourfold: divine unity (al-tawhîd), prophethood (al-nubuwwah), the resurrection of the dead (al-hashr), and justice (al-ʿadalah). Al-Adâlah means law. He adds in another treatise: “Let our ulul-amr (satesmen and political authorities) think over implementing these rules”. This book is divided into eight chapters. Chapter I.Because of the many misunderstandings that arise, some terms related to Islamic Law, such as Sharî‛ah, fiqh, qânûn, ‘urf, Islamic Law, and Muhammadan Law are explained. Chapter II.Here, in this chapter dedicated to references on Islamic Law, the real added value of this book is found. Chapter III. This chapter looks at four periods of Islamic Law: the period of the Prophet Muhammad, the period of the Companions, the period of the Tabi‘în, and an introduction to the period of Mujtahidîn. Chapter IV. We will provide detailed information here on the different law schools and theological divisions. Chapter V. This chapter will be devoted to a period of Islamic law that has been neglected in both old and new books and articles, i.e. the period of Islamic Law after the Turks converted to Islam (960-1926). Chapter VI. This chapter will focus also on three main subjects: Anglo-Muhammadan law (Indo-Muslim law), Syariah or Islamic Law in Southeast Asia, and Islamic Law in contemporary Muslim states like Egypt, Pakistan, Morocco, Indonesia and Jordan. Chapter VII. We will explain the system and methodology of Islamic Law in this chapter. Chapter VIII. We will give some brief information here on the implementation of Islamic Law, its future; some encyclopedical works on Islamic law, and new institutions of Islamic fiqh.”
Author : Mohammad Hashim Kamali
Publisher : Unknown
Page : 546 pages
File Size : 41,7 Mb
Release : 2003
Category : Religion
ISBN : 0946621810
This third edition of the best-selling title Principles of Islamic Jurisprudence has been completely revised and substantially enlarged. In this work, Prof Kamali offers us the first detailed presentation available in English of the theory of Muslim law (usul al-fiqh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Islamic Jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur'an and the Sunnah—the precedent of the Prophet. Written as a university textbook, Principles of Islamic Jurisprudence is distinguished by its clarity and readability; it is an essential reference work not only for students of Islamic law, but also for anyone with an interest in Muslim society or in issues of comparative Jurisprudence.
Author : Imran Ahsan Khan Nyazee
Publisher : Lulu.com
Page : 532 pages
File Size : 49,9 Mb
Release : 2024-06-30
Category : Electronic
ISBN : 9780359883110
Author : Ahmad Al-Raysuni
Publisher : International Institute of Islamic Thought (IIIT)
Page : 48 pages
File Size : 47,8 Mb
Release : 2019-01-01
Category : Religion
ISBN : 9781642052671
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.
Author : Ahmad Kazemi-Moussavi ,Hamid Mavani
Publisher : International Institute of Islamic Thought (IIIT)
Page : 250 pages
File Size : 42,5 Mb
Release : 2023-10-31
Category : Law
ISBN : 9781642053517
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.
Author : Anonim
Publisher : BRILL
Page : 390 pages
File Size : 52,9 Mb
Release : 2014-05-09
Category : Law
ISBN : 9789004265196
The contributions of Bernard Weiss to the study of the principles of jurisprudence (uṣūl al-fiqh) are recognized in a series of contributions on Islamic legal theory. These thirteen chapters study a range of Islamic texts and employ contemporary legal, religious, and hermeneutical theory to study the methodology of Islamic law. Contributors include: Peter Sluglett, Ahmed El Shamsy, Éric Chaumont, A. Kevin Reinhart, Mohammad Fadel, Jonathan Brockopp, Christian Lange, Raquel M. Ukeles, Paul Powers, Robert Gleave, Wolfhart Heinrichs, Joseph Lowry, Rudolph Peters, Frank E. Vogel
Author : Hisham M. Ramadan
Publisher : Rowman Altamira
Page : 236 pages
File Size : 50,6 Mb
Release : 2006
Category : Law
ISBN : 0759109915
Ramadan brings together essays to explain the history of Islamic law and its role in the contemporary world.
