Relevant bibliographies by topics / Ijma¯? ; Islamic law ; Islamic jurisprudence

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  2. Dissertations / Theses
  3. Books
  4. Book chapters
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Academic literature on the topic 'Ijma¯? ; Islamic law ; Islamic jurisprudence'

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Published: 4 June 2021
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Journal articles on the topic "Ijma¯? ; Islamic law ; Islamic jurisprudence"

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Samdani, Jafar. "Doctrine of Necessity (In Islamic Jurisprudence)." Volume-1: Issue-9 (November, 2019) 1, no. 9 (December 7, 2019): 48–55. http://dx.doi.org/10.36099/ajahss.1.9.5.

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Islamic Jurisprudence provides the mechanism to understand the Islamic Law and the Islamic law is basically and principally pillared/sourced on Qur’an, the divine revelation (the words of the Almighty ALLAH) and the Sunnah (Prophetic Traditions), the words and the practice of the Prophet (Peace Be Upon Him) and those two are considered the basic sources of law in Islamic Law. Furtherance to the said sources seconding to the basic pillars is as Ijma (Consensus) and Qiyas (application of rule by analogy). After that the Ijtihad (Juristic consensus of opinion of the imam’s mujtahid,) Istihsan (juristic preference), Maslahah Mursalah (Public Interest), Urf (Custom), Istishab (presumption of existence or non-existence of facts Presumption of Continuity), Sadd al-Dhara’ (Blocking the Means). The paper is an effort to discuss these in order to present the pros and cons of the doctrine of necessity in Islamic jurisprudence.
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Hasan, Muhammad. "Model Pengembangan Hukum Islam Berbasis Kedaerahan: Kajian Terhadap Ijma’ Ahl Al-Madīnah dan Implikasinya." Ulumuna 19, no. 1 (June 29, 2015): 159–80. http://dx.doi.org/10.20414/ujis.v19i1.1255.

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The basic spirit of Islamic law is s\ālih\un likulli zamān wa makān. Meanwhile, Islamic law delivered by the Prophet Muhammad and developed by his companions, even by Imam of the schools, is still limited to the mindset and culture of Arab society. Therefore, efforts to resolve various issues of Islamic law that arise in different parts of the world need a prototype methodology of thinking so that the Islamic law produces humanist characteristics. This paper offers a study on the development of Islamic law methods by taking a model of ijmā‘ ‘ahl al-Madīnah. In this case, ijmā‘ ‘ahl al-Madīnah is seen as a model of manhaj istinbāt\ of Islamic law on the ground of region. In the present context, in addition to masādir al-ah\kām, ijmā‘ ‘ahl al-Madīnah needs to be positioned as the methodology of Islamic law which results in humanist Islamic legal perspective. Since ijmā‘ ‘ahl al-Madīnah as masādir al-ah\kām has grounded reason then ijmā‘ ‘ahl al-Madīnah as manhaj al-fikr has a logical argument. Its implication is that the consensus (ijmā‘) based on the regional jurisprudence has become a valid method and source of Islamic law. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1255
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Abdul-Qadir, Abuhamid M. "The Early Development of Islamic Jurisprudence." American Journal of Islam and Society 14, no. 3 (October 1, 1997): 83–86. http://dx.doi.org/10.35632/ajis.v14i3.2236.

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Professor Ahmed Hasan has made a great contribution to the understandingof the early history of Islamic jurisprudence up to the time of al Shafi'i (d. 204A.H.). A few works. such as The Origins of Muhammadan Jurisprudence byProfessor Joseph Schacht, have been published on the early development ofIslamic jurisprudence. and Hasan's work is a valuable addition. Islamic jurisprudenceis a dynamic, ongoing, and virtually limitless subject. The communitycannot survive without it as long as new issues arise to be resolved andIslamized. Thi field of study helps the community to move forward, encouragingmembers to solve new problems that arise in their social lives. Hasan discusseshow jurists debate one another over the extraction of God's law and how.ultimately, uch debates have developed Islamic jurisprndence and the differentlegal schools. ljma' (consensus) and qiyas (analogy) did not exist at the time ofthe Prophet; they developed through ijtihtid, based on the principle sources theQur'an and Sunnah. The subject has a kind of progressive flow, tide, and dynamiccharacter. Hasan divide his book into seven chapter, beside an introductionand a concluding discussion. He also includes a bibliography and an index. Theauthor chose a period in the history of jurisprudence for which sources for synthesisare difficult co obcain. He shows the historical development of lslamicjurisprudence in the first two centuries of Hijrah based mainly on the work ofMalik. Abu Yusuf, al Shaybani and al Shafi'i.This book is designed for readers who are particularly interested in Islamiclaw and history. In the introduction the author describes the meaning of fiqh andother allied terms. He analyzes the origins of the early schools of law-such asthe schools of Medina and Iraq-that developed through the work of scholarswho extracted God's law from the revealed sources. Further analysis by theauthor suggests that after the middle of the second century A.H., scholars weregenerally engaged in independent thinking on law. ln the same way. al Shafi'ideveloped his own legal theory and brought consistency into law. After him theregional character of the early schools began to disintegrate and faithfulness toone master and his principles gradually predominated.The author discusses the sources of Islamic law beginning with the developmentof the main five categories of judgment of Muslims' aces, namely, theobligatory. the recommended, the neutral, the disapproved, and the prohibited.These categories are ultimately based on four sources: the Qur'an, the Sunnah,ijma' and qiyas. The author first deal with the Qur'an, briefly pointing out thatit is the primary source of legislation and guidance. The author discusses thedoctrine of the abrogation of individual verses in the Qur'an (naskh) in a separatechapter, pointing out the development of the theory of naskh and its significantrole in Islamic jurisprudence. Although naskh is an established doctrine inthe field of Islamic jurisprudence, the author's long analysis of naskh suggeststhat since the Qur'an is eternal there can be no reasonable ground for the thesis ...
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Asmaret, Desi, Alaiddin Koto, and Afrizal M. "TRANSFORMASI HUKUM KELUARGA ISLAM DI INDONESIA: Telaah Pemikiran Rifyal Ka’bah." Al-Ahwal: Jurnal Hukum Keluarga Islam 12, no. 2 (September 22, 2020): 145. http://dx.doi.org/10.14421/ahwal.2019.12203.

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This research discusses about Rifyal Ka'bah’s idea on the transformation of Islamic family law to become the national law. This research focuses on how does Rifyal Ka’bah formulate the methods of the transformation of Islamic family law into national law? What is the influence of the idea of the transformation to the development of Islamic legal thought in Indonesia? This research is a type library research with qualitative descriptive analysis.This research argues that Rifyal Ka’bah believes that gradual transformation of Islamic family law to become National law is the best way to make Islamic family law going down to earth. This can be performed by the issuance of judge's decision with a fair and consistent attitude. From the perspective of theoretical Islamic law, it is very useful to use of ra'y and urf as sources of Islamic law after al-Qur’an, Hadis, and Ijma’ through the process of ijtihad jamā'i and tarjih. Rifyal Ka'bah has given significant influences to the emergence of various efforts of Islamic jurists in revising laws and regulations in accordance with the substance contained in Islamic law, jurisprudence guided by judges throughout Indonesia and changes in the mindset judges to apply the theory of diyāni and qaḍā 'i.Penelitian ini mengkaji pemikiran Rifyal Ka’bah dalam mentransformasikan hukum keluarga Islam menjadi hukum Nasional. Permasalahan utamanya: Bagaimana pemikiran dan sikap Rifyal tentang transformasi hukum keluarga Islam? Apakah metode penggalian hukum yang diterapkan Rifyal? Bagaimana posisi dan pengaruh pemikiran Rifyal dalam khazanah pemikiran hukum Islam di Indonesia? Penelitian bertujuan mewujudkan harmonisasi syari’at Islam dengan hukum Nasional. Penelitian ini menggunakan metode penelitian pustaka dengan analisis deskriptif kualitatif. Temuan penelitian: Pertama, Pemikiran dan sikap Rifyal Ka'bah tentang transformasi hukum keluarga di Indonesia adalah mengubah fikih munakahat menjadi hukum Nasional, yakni memasukkan substansinya berangsur-angsur melalui putusan hakim dengan sikap adil dan konsisten. Kedua, metode penggalian hukum Rifyal Ka'bah adalah pengembangan metodologi uṣul al-fiqh dengan menempatkan ra'yu dan urf sebagai sumber hukum Islam setelah Alquran, hadits dan Ijma’ melalui metode ijtihad jamā'i dan tarjih. Ketiga, Pemikiran Rifyal Ka'bah mempengaruhi berbagai upaya para ahli hukum Islam dalam merevisi hukum dan peraturan sesuai dengan substansi hukum Islam, yurisprudensi yang dipedomani oleh hakim seluruh Indonesia, dan perubahan mindset hakim untuk menerapkan teori diyāni dan qaḍā'i.
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Ahmad Syaripudin and M. Kasim. "Konsep Dasar Ijmak sebagai Sumber Hukum Islam." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 1, no. 1 (April 24, 2020): 28–43. http://dx.doi.org/10.36701/bustanul.v1i1.125.

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This study aimed to describe the basic concept of consensus as source of Islamic law. The description of basic concept of consensus consists of: 1) definition of consensus; 2) status of consensus as a fundament of Islamic knowledge and law; 3) types of consensus; 4) examples of consensus in terms of classical and contemporary Islamic jurisprudence; and 5) law of refutation against consensus. The research applied a qualitative-descriptive approach with library research methods combined with content analysis of a number of books and related articles. The results show that: 1) consensus is an agreement of scholars of mujtahid among the people of Prophet Muhammad saw. on an shari issue that is not obviously found in the Koran and hadis in the period after the Prophet which has specific pillars and conditions; 2) of consensus in its position as a source of knowledge and Islamic law is in the third row after the Koran and hadis; 3) types of consensus include ṣarīh consensus and sukūtī consensus, and some divides it into qat’i consensus and dzanni consensus; 4) some examples of consensus: a) forms of classical Islamic jurisprudence consensus: the agreement of the scholars regarding the prohibition of marrying grandmother and granddaughter, that grandson and son are in one position in terms of inheritance division, that inheritance portion for grandmother is one sixth if there is no mother, and consensus of the companions to codify the Koran owing to benefits that appeared during the caliphate of Abu Bakr al-Shiddiq ra. b) Forms of contemporary Islamic jurisprudence: validity of human organ transplants, brain death, animal and human cloning, joint-stock companies, stock exchanges, globalization, and compliance with international institutions, regulations and laws such as world education organizations and world trade organizations; and 5) law of those who refute consensus in absolute manner (totality) are considered disbelievers.
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Maftuhin, Arif. "Adakah Ruang Ijtihad Untuk Isu Homoseks?" Musãwa Jurnal Studi Gender dan Islam 2, no. 1 (March 30, 2003): 29. http://dx.doi.org/10.14421/musawa.2003.21.29-40.

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Thus far the views of experts of Islamic jurisprudence regarding homosexuality have been very clear in forbidding it. The Alqur'an, Hadith and Ijma' are the bases of the prohibition on marriages of this kind, although jurists differ in their views on the punishment for homosexual behaviour. Malik, ash-Shafi'i and Ahmad equate the punishment for homosexual acts with that for adultery, whereas Abu Hanifah views it as a ta'zir punishment (one determined by the government). Meanwhile, the· view of some that homosexuality is a natural and predetermined phenomenon presents its own challenges: how will Islamic law respond to the claim that homosexuality is a part of our basic human rights that must be protected?
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Khan, M. A. Muqtedar. "Reason and Individual Reasoning." American Journal of Islam and Society 16, no. 3 (October 1, 1999): v—xi. http://dx.doi.org/10.35632/ajis.v16i3.2101.

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The term “ljtihad” itself means to strive hard. But it has been widely usedto imply independent reasoning in the development of Islamic jurisprudence.The contemporary understanding, shared widely by formally trainedIslamic jurists, defines Ijtihad as an intellectual tool that seeks to articulateIslamic laws about issues on which the Qur’an and the Sunnah are decidedlysilent. This standard and orthodox conceptualization of Ijtihad, theoreticallylimits the role of reason to analogical thinking on mundane matters.Even though most Islamic thinkers do use reason quite judiciously inthe interpretation of revalation. The point that is often ignored in discussionsof Ijtihad, its meaning, role, scope and functions, is that the conceptualization of Ijtihad itself is the product of Ijtihad. The development of the‘usd uZ-fiqh, the principles of jurisprudence, and the systematic articulationand rank ordering of the sources of Islamic Law - Qur’an, Sunnah, ijma,Ijtihad, ‘urfand musZu& - are all products of an Ijtihad much wider inscope than its standard understanding. In a remarkably curious development,a conceptually wider process of Ijtihad has spawned a rather meektheory of Ijtihad.Taking a second look at the discussion between Imam Shafi‘i and hisinterlocutor on the Qur’anic sources of Ijtihad,’ one is amazed at how ImamShafi’i is able to build a whole theory out of a single verse. We are turningto Imam Shafi‘i because he has arguably left the most enduring andunshakeable impact on the structure of Islamic legal thinking and in particularon the theory of Ijtihad. In his response to the question, “Is Ijtihad permiadin the Qur’an?” Imam Shafi‘i derives the instrument from only oneverse of the Qur‘an and then supports it with just one other.Turn then thy face in the direction of the Sacred Mosque: whereveryou are turn your faces in that direction. (2:144) ...
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Fakhrizal Idris, Muhammad Yusram, and Azwar Iskandar. "Salat Jumat Daring dalam Perspektif Hukum Islam." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 2, no. 1 (April 21, 2021): 110–29. http://dx.doi.org/10.36701/bustanul.v2i1.326.

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This study aims to: (i) know the valid requirements of Friday prayers; and (ii) analyze the validity of Friday prayers by online from the perspective of Islamic law. This research is qualitative descriptive research with library study techniques and theological-normative (syar’ī) and philosophical approaches. The results of study show that: (i) Friday prayer is a mandatory worship based on the Qur'an, Sunnah and ijmak, which have the pillars and conditions that must be observed for the sake of validity; (ii) the implementation of Friday prayers y online is invalid. At least this can be reviewed from two aspects; first, aspects of the basic principles and objectives derived from Islamic sharia (maqāṣid al-syarī'ah), where keeping Friday prayers in accordance with the Sunnah of the Prophet Muhammad saw. became part of hifzu al-dīn (keeping religion) so that it should not change the pattern of Friday prayer that the original law is a whole building. Islamic law has given rukhsah for every Muslim who is obliged to pray Friday prayer to replace it with Zuhr prayer when there is something that prevents it; second, the aspect of Islamic jurisprudence review, where Friday prayers require the existence of prayer congregations and is not validly performed individually. Analogizing online Friday prayers with online marriage contracts is incorrect because the law of qiyas must be analogous to the original law that has direct evidence and should not be to legal products or other qiyas results.
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Fauzi, Fauzi. "GUIDELINES FOR IJTIHAD IN RESPONDING TO THE CONTEMPORARY PROBLEMS." ALQALAM 32, no. 2 (December 31, 2015): 260. http://dx.doi.org/10.32678/alqalam.v32i2.541.

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Terminologically, ijtihad means to give all out the efforts. This term is being used specifically on a task that needs 'energy plus'. In terms of Jurisprudence Islamic Scholars, this term means to give out the efforts in producing and resulting shariajurisprudence and law. ljtihad is never ends as being mentioned by ulemas, first, it is impossible for ijtihad ro hu stopped except with the ended of asl al-taklil (responsihility) which means the Resurrection Day. Second it is impossible for ijtihad to be ended before this world ruins. A mujtahid must be able to comprehend the Arabic language until he can understand the term extrinsically and intrinsically. He also must be able to comprehend the interpretation of al-Qur 'an especially rhat are related with jurisprudence and law (ayat al-ahkam) accompanied with his knowledge regarding khabar and the competent Companions in their field. Meanwhile in Hadith field, a mujtahid must be able to differentiate between Hadith Sahih than Hadith Dhaif, whether with knowing the narrators and their justice or scrutinize it through the book of al-sahihah, comprehend khabar, matan and sanad including with the ability to recognize the narrator, ta’dil and tajrih, the last time they narrated hadith, a specific questions that becomes the cause of Hadith being revealed, differentiate between the law whether they are compulsory, Sunnah, forbidden and permissible until they are not mixed among them. They also must be able to comprehend the argument that becomes consensus (ijma) between the scholars until not to produce other ijtihad that oppose with them. Fifth, apprehend the position of analogical (qiyas) in terms of theoretically and practically. Furthermore, there are differences between ijtihad (ijtihad ) methods during every ages which are during the revelation (sharia) phase, during the companions' ijtihad age, during the tabi 'in ijtihad age, during ijtihad sect (mazhab) age. It involves lots of new and contemporary incident that do not exist during rhe era of Prophet Muhammad pbuh. Hence, a ijtihad must be made to extract a law regarding the particular issues that are being arisen.
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Wijayanti, Ratna, and M. Meftahudin. "Kaidah Fiqh dan Ushul Fiqh Tentang Produk Halal, Metode Istinbath dan Ijtihad dalam Menetapkan Hukum Produk Halal." International Journal Ihya' 'Ulum al-Din 20, no. 2 (November 2, 2018): 241. http://dx.doi.org/10.21580/ihya.20.2.4048.

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<p>The purpose of the discovery of Islamic law must be understood by the mujtahid in order to develop legal thinking in Islam in general and answer contemporary legal issues whose cases are not explicitly regulated by the Koran and Hadith, especially those related to the field of muamalah. In reviewing the matter to be determined by law, the Indonesian Ulema Council Fatwa Commission is based on the Qur'an and Sunnah as its main source. In this context, there are several methods used by the Indonesian Ulema Council Fatwa Commission. First, every Fatwa Decree must have a basis on the Book of Allah and the Sunnah of the Apostle that is not bad, and not contrary to the benefit of the people. Second, if it is not found in the Book of Allah and the Sunnah of the Apostles, the Fatwa Decree should not contradict ijma ', qiyas that mu'tabar, and other legal arguments, such as ihtisan, maslahah mursalah, and saddu al-dzari'ah. Third, before making a decision before deciding on a fatwa, it must first be carefully studied for each problem presented to the MUI at least a week before the trial. If the problem is clear the law (qath'iy) let the commission convey it as it is, and the fatwa will fall after the text is known from the Koran and the Sunnah. Whereas in the case of khilafiyah occurring among the schools of thought, what is stated is the result of tarjih after observing the jurisprudence of muqaran (comparison) using the rules of ushul fiqh muqaran related to scholarship.</p>
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Dissertations / Theses on the topic "Ijma¯? ; Islamic law ; Islamic jurisprudence"

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Shah, Amjad Hussain. "The concept of Ijmāʻ in Imāmī Shīʻī Uṣūl Al-Fiqh." Thesis, University of Edinburgh, 2004. http://hdl.handle.net/1842/9428.

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The thesis examines the development of the concept of Ijmāʻ, consensus, in Imāmī-Shīʻī principles of jurisprudence (uṣūl al-fiqh). In the introduction to the thesis there is an analysis of the concept of Ijmāʻ as generally understood in Islamic jurisprudence and a discussion of the approach adopted in the thesis as well as a general outline of the literature involved. The introduction also outlines the background to Imāmī Shīʻī jurisprudence during the time of the presence of the Imāms and the period immediately after the greater occultation of the Twelfth Imām. The main body of the thesis analyses the available major texts written by Imāmī-Shīʻī Uṣūli scholars from the time of al-Shaykh al-Mufid (413/1022) to the end of the nineteenth century with a brief discussion of the views of some recent Imāmī Shīʻī scholars. From the outset a difference of emphasis can be observed between scholars who argue in favour of a major role for reason, such as al-Sharīf al-Murtaḍā (436/1044) and those in favour of a greater reliance on Traditions from the Prophet and the Imāms, which is moderately represented by al-Shaykh al-Ṭūsī (459/1067). The subsequent generations of scholars refined and further defined these concepts. In particular, in opposition to the movement in favour of general adherence to the Traditions, there arose from the proponents of the use of uṣūl al-fiqh a definition which gave much greater scope to the use of reason and the continuing guidance of the Twelfth Imām. The latter proposition reached its final form in Imām-Shīʻī uṣūl al-fiqh at the end of the nineteenth century in Kifayat al-uṣūl by Muḥammad Kāẓim al-Khurāsānī. Finally, there is a brief examination of the work of some recent scholars and a conclusion to the thesis.
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Björklund, Iréne, and Lisbeth Lundström. "Islamic Banking - An Alternative System." Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3145.

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Islamic banking is an investment and financing system which expands globally. The Islamic banks have only been established for some 30 years but the banking system is based on long-going traditions within Islamic finance. The system is founded on ethical values and emphasises the well-being of society as a whole.

Islamic banking is different from conventional banking in most aspects, since its close tie to religion is very important. The system is not based on interest, as it is prohibited in Islam. Instead Islamic banks offer various kinds of accounts and a range of financing alternatives all complying with the Islamic Law – Shari’a. To work according to Shari’a is crucial for the banks and their activities are controlled by a special Religious Supervisory Board working within the bank.

The implementation of the Islamic banking system varies to some extent between Islamic countries. It has been influenced by its connections to politics of and the history in the countries where the system operates. As a result to the variations between the states’ implementation, the need for harmonisation increases as the expansion of Islamic banks continues. Several organisations work to achieve international standardisation and harmony to make the banking activities more transparent and attractive. The achievement of harmonisation as well as the performance of the banks is crucial for the future of Islamic banking.

The dissertation is based on extensive literature review and a personal interview with a professional within an Islamic bank in Lebanon.

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Kailani, Osaid. "Ruling of al-gharāmah (the fine) as ta'zīr punishment (discretionary punishment) in comparative Islāmic jurisprudence." Thesis, University of Wales Trinity Saint David, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.683261.

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Freijat, Somayya Ahmad Issa. "Lawful and unlawful trade practices in Islamic jurisprudence : analytical study." Thesis, University of Aberdeen, 2014. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=214156.

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This thesis has investigated various opinions of Muslim Imams and Scholars which are reviewed and meticulously discussed while making an effort to identify certain transactions and arrive at the best and most accepted judgments pertaining to buying and selling issues in the market place. The study defines lawful and unlawful Trade Practices within the Islamic Sharīʻah and discusses rules and conditions pertaining to each. It also discusses certain types and scenarios which might be considered lawful or unlawful after investigating scholars‟ opinions and arguments. This study examines Trade Practices in the world of business and commercial transactions from an Islamic perspective and focusses on the basics of Islamic Trade Practices law. In particular, emphasis is placed on investigating lawful and unlawful Trade Practices of early Islamic commercial transactions while identifying parallels to determine modern-day transactions as sanctioned or not by the Islamic Sharīʻah. The researcher has explained that the basics of Islamic Sharīʻah guarantee the rights of both the seller and buyer with emphasis on maintaining an economy free of monopoly and cheating of any kind. While the seller is encouraged to honesty transactions and makes profit, guarantees are given to the customers that cheating or misguidance is forbidden within the spirit of true Islamic commercial transactions‟ teachings. The study has also focused on ethics as playing a decisive role in commercial transactions in a way that may affect the validity of sale contracts. Finally, the study calls for revitalising Islamic basics and rules to be more in tune with modern-day Trade Practices and business transactions in the organisation of trading in the market place and the world of business at large.
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Al-Ghazawi, Loai Azmi. "The legal status of Jerusalem in Islamic Fiqh (jurisprudence) and international law." Thesis, Glasgow Caledonian University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340613.

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Allami, Abdullah Wahib. "Principalizing Islamic Zakat as a system of taxation." Thesis, Brunel University, 2016. http://bura.brunel.ac.uk/handle/2438/12238.

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This thesis examines the problems of implementation of the Islamic “zakat” as a system of taxation. In doing so, it seeks to establish coherent and consistent principles for zakat assessment, collection and disbursement, and to measure the Saudi zakat system against these principles. The Kingdom of Saudi Arabia is regarded as the cradle of Islam and it would therefore have been expected that Saudi Arabia would implement zakat correctly. However, this thesis argues that the current implementation of zakat in the Saudi legal system is fundamentally flawed, because it does not comply with a significant proportion of the fundamental principles of zakat. This thesis highlights the problems inherent in Saudi Arabia’s arguably excessive reliance on fatwas for the implementation of zakat. It is argued that these fatwas have rendered contemporary practice of zakat distant from the fundamental principles of zakat. This issue is examined with reference to original sources on zakat (Quranic verses and related statements by the Prophet Muhammad), and Islamic jurisprudence generally. The contention herein will be that the Zakat Regulation in Saudi Arabia requires reform in accordance with the principles identified in this thesis. This thesis begins by examining the concept and principles of zakat, and then establishes the principles of zakat collection, zakat application and zakat disbursement, the zakat practice in Saudi Arabia and its problems, and finally offers recommendations that would render Saudi law conformant with zakat principles.
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Alsoufi, Rana Hajaj Ahmaid. "Strategies for the justifications of Ḥudūd Allah and their punishments in the Islamic tradition." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/7989.

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The punishments of Islamic criminal law and in particular, the notoriously severe ḥadd punishments, were never systematically justified in classical Islamic jurisprudence (fiqh). However, the fiqh tradition is ripe with debates about ḥadd punishments, and theories of justification, while not fully spelt out, are often implied in the writings of Muslim jurists. In Part I of this thesis, three fiqh strategies for the justification of ḥadd punishments are described and critically evaluated: one that seeks to characterize the ḥadd punishments as divinely ordained, immutable “rights of God” (ch. 1), one that describes the purpose of ḥadd punishments as serving general as well as individual prevention (ch. 2), and one that stresses that to suffer ḥadd is an expiatory act that amends for sins and thus ensures salvation in the Hereafter (ch. 3). The Sunnī legal schools (madhāhib), salient representatives of which are studied in this dissertation, controversially discussed the meaning and purpose of ḥadd punishments in the context of each of these three fiqh discourses. Part II of this thesis proceeds to describe and discuss contemporary Muslim debates about the applicability and justifiability of ḥadd punishments today. While only few Islamic regimes currently implement ḥadd, the topic has a large symbolical importance because it exemplifies the struggle of Muslim thinkers to reconcile Islam with modernity. In a first step, this thesis aims to clarify to what extent contemporary positions echo, attack or simply sidestep classical fiqh positions: how, in other words, the present is connected to the traditional fiqh framework of the past (ch. 4). In a concluding chapter, a number of salient topics of debate in the contemporary ḥadd controversy are analysed within the cultural and political contexts in which they are located (ch. 5). While classical legal doctrines about ḥadd punishments, despite the controversies between the madhāhib, tend to be rigid, emphasizing the immutable character of the criminal law norms found in the Sharīʻah, the periodic calls among contemporary thinkers for the implementation of ḥadd are, it is suggested, largely driven by political agendas.
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Shaleh, Ahmad Syukri. "Ibn Taymiyya's concept of istiḥsān : an understanding of legal reasoning in Islamic jurisprudence." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23241.

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This thesis studies the theory of istihsan, an aspect of Islamic legal reasoning, as a method for ascertaining the legal norm in cases where qiyas dictates an overly strict ruling. The study primarily focuses on the concept presented by Ibn Taymiyya (d. 728/1328), a prominent Muslim theologian, philosopher, sufi and outstanding jurist. Placed in the context of later development, Ibn Taymiyya's theory proposes both a criticism and reformulation of the Hanafi school's perception of istihsan. Having observed previous formulations, Ibn Taymiyya sees this theory as being understood as an arbitrary contradiction to qiyas. Although attempts to redefine the theory, through rigorous definition and well-calculated application were conducted by later Hanafi jurists, criticism from other schoools continued unabated. To this effect, Ibn Taymiyya's contribution emerges as an alternative solution. In order to fully understand istihsan, Ibn Taymiyya contends that one must determine particularization of the cause (takhsid s al-'illa). By doing this, istihsan and qiyas can be easily distinguished. He, thus, perceives istihsan as takhsid s al-'illa. Unlike the Hanafis, Ibn Taymiyya does not juxtapose istihsan against qiyas sahid h. He argues that if there is a contradiction, it must be proved by a decisive descrepancy (farq mu'aththir) provided by the law giver. Furthermore, when qiyas produces an unsatisfactory legal norm, takhsid s al-'illa represents a viable alternative. Above all, Ibn Taymiyya contends that istihsan must be supported by the revealed texts, consensus or necessity.
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9

Tastan, Osman. "The jurisprudence of Sarakhsi with particular reference to war and peace : a comparative study in Islamic law." Thesis, University of Exeter, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.333375.

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10

Beloushi, Hasan J. E. H. M. "The theory of maqāṣid al-sharīʿa in Shīʿī jurisprudence : Muḥammad Taqī al-Mudarrisī as a model." Thesis, University of Exeter, 2014. http://hdl.handle.net/10871/18525.

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The emergence of the theory of maqāṣid al-sharīʿa as a legal theory, which is a purposive approach to the law in which the main purposes of the law are considered as deriving elements of the legal rulings, has occurred in a particular socio-political and cultural context for the Shīʿa and within a particular epistemological construction. Given the lack of a historical reading of Shīʿī jurisprudence and the limitations of the methodological approaches which have to date been employed, this research applies a holistic approach. “The Bahbahānian paradigm” is identified as the overarching epistemological paradigm in modern and contemporary Shīʿī jurisprudence. The Bahbahanian paradigm was formed during the eighteenth and nineteenth centuries and is arguably characterised as being a combination of Aristotelian epistemologically, formalist methodologically and soft utilitarianism. Within this paradigm in the context of the twentieth century, maqāṣid al-sharīʿa emerged in Shīʿī thought, especially in its systematic and comprehensive theorisation by Muḥammad Taqī al-Mudarrisī - a contemporary Shīʿī scholar. The introduction of the maqāṣid al-sharīʿa approach represents a paradigm shift that departs epistemologically, methodologically and functionally from the Bahbahānian paradigm. Mudarrisī’s maqāṣid al-sharīʿa paradigm is characterized as pragmatic epistemologically, more accessible and dynamic methodologically and employing a virtue ethic. Mudarrisī’s maqāṣid al-sharīʿa reflects the eclipse of the quietist character of the previous paradigm and the ambition of the contemporary Shīʿī religious institution. This ambition comprises a more significant role in the public sphere, which is embodied in the application or renewal of the sharīʿa in reality on one hand, and confronting the systematical secularization of the modern nation-state of the public sphere on the other. Mudarrisī’s version of maqāṣid al-sharīʿa is obligated to challenge three intellectual enterprises; that is, the classical Shīʿī jurisprudential reasoning by embracing hermeneutical tools which are more accessible to religious knowledge; the Sunnī soft utilitarian maqāṣidī approaches by providing virtue ethical jurisprudence; and the secular nation-state by providing a flexible legal system.
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Books on the topic "Ijma¯? ; Islamic law ; Islamic jurisprudence"

1

Faruki, Kemal A. Islamic jurisprudence. Karachi: Royal Book Co., 2003.

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Nyazee, Imran Ahsan Khan. Outlines of Islamic jurisprudence. Islamabad: Advanced Legal Studies Institute, 1998.

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Outlines of Islamic jurisprudence. 3rd ed. Islamabad: Advanced Legal Studies Institute, 2005.

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Khan, M. A. Islamic jurisprudence: Islamic laws in the modern world. London: Avon Books, 1996.

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The doctrine of Ijma` in Islam: A study of the juridical principle of consensus. New Delhi: Kitab Bhavan, 1992.

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Nyazee, Imran Ahsan Khan. Outlines of Islamic jurisprudence. Islamabad: Advanced Legal Studies Institute, 1998.

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Principles of Islamic jurisprudence. 3rd ed. Cambridge, UK: Islamic Texts Society, 2003.

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Principles of Islamic jurisprudence. Cambridge: Islamic Texts Society, 1991.

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Kamali, Mohammad Hashim. Principles of Islamic jurisprudence. Petaling Jaya, Selangor: Pelanduk, 1989.

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G, Weeramantry C. Islamic jurisprudence: An international perspective. Basingstoke: Macmillan, 1988.

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Book chapters on the topic "Ijma¯? ; Islamic law ; Islamic jurisprudence"

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Weeramantry, C. G. "Islamic International Law." In Islamic Jurisprudence, 128–63. London: Palgrave Macmillan UK, 1988. http://dx.doi.org/10.1007/978-1-349-19456-8_8.

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Weeramantry, C. G. "The Schools of Law." In Islamic Jurisprudence, 46–58. London: Palgrave Macmillan UK, 1988. http://dx.doi.org/10.1007/978-1-349-19456-8_4.

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Weeramantry, C. G. "The Origins of Islamic Law." In Islamic Jurisprudence, 1–13. London: Palgrave Macmillan UK, 1988. http://dx.doi.org/10.1007/978-1-349-19456-8_1.

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Weeramantry, C. G. "The Sources of Islamic Law." In Islamic Jurisprudence, 30–45. London: Palgrave Macmillan UK, 1988. http://dx.doi.org/10.1007/978-1-349-19456-8_3.

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Weeramantry, C. G. "Islamic Influences on European Legal Philosophy and Law." In Islamic Jurisprudence, 94–112. London: Palgrave Macmillan UK, 1988. http://dx.doi.org/10.1007/978-1-349-19456-8_6.

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Souaiaia, Ahmed E. "Islamic Law and Jurisprudence Reconsidered." In Anatomy of Dissent in Islamic Societies, 107–45. New York: Palgrave Macmillan US, 2013. http://dx.doi.org/10.1057/9781137379115_4.

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Boozari, Amirhassan. "Concept of state in Shiʿi jurisprudence." In Routledge Handbook of Islamic Law, 374–88. New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781315753881-24.

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Adigun, Muyiwa. "Boko Haram’s Radical Ideology and Islamic Jurisprudence." In Boko Haram and International Law, 205–35. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-74957-0_10.

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Shehada, Nahda. "Islamic jurisprudence now and in the past." In Applied Family Law in Islamic Courts, 12–31. Abingdon, Oxon ; New York, NY : Routledge, 2017. | Series: Islamic law in context: Routledge, 2018. http://dx.doi.org/10.4324/9781315100531-2.

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Emon, Anver M. "6. Islamic Law and the Canadian Mosaic: Politics, Jurisprudence, and Multicultural Accommodation." In Debating Sharia, edited by Anna Korteweg and Jennifer Selby, 192–228. Toronto: University of Toronto Press, 2012. http://dx.doi.org/10.3138/9781442694439-009.

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Conference papers on the topic "Ijma¯? ; Islamic law ; Islamic jurisprudence"

1

Fiqry Musa, Kamal. "Islamic Jurisprudence And Human Rights: At-Takhyîry Approach In Marriage Law." In 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iclj-17.2018.9.

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Nurhayati, Dr, and Dr Jailani. "The Implementation of Criminal Act of Adultery (Comparative Study between Islamic Jurisprudence of Legal School and Qanun Jinayat In Aceh )." In 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iclj-17.2018.11.

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Reports on the topic "Ijma¯? ; Islamic law ; Islamic jurisprudence"

1

HEFNER, Robert. IHSAN ETHICS AND POLITICAL REVITALIZATION Appreciating Muqtedar Khan’s Islam and Good Governance. IIIT, October 2020. http://dx.doi.org/10.47816/01.001.20.

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Ours is an age of pervasive political turbulence, and the scale of the challenge requires new thinking on politics as well as public ethics for our world. In Western countries, the specter of Islamophobia, alt-right populism, along with racialized violence has shaken public confidence in long-secure assumptions rooted in democracy, diversity, and citizenship. The tragic denouement of so many of the Arab uprisings together with the ascendance of apocalyptic extremists like Daesh and Boko Haram have caused an even greater sense of alarm in large parts of the Muslim-majority world. It is against this backdrop that M.A. Muqtedar Khan has written a book of breathtaking range and ethical beauty. The author explores the history and sociology of the Muslim world, both classic and contemporary. He does so, however, not merely to chronicle the phases of its development, but to explore just why the message of compassion, mercy, and ethical beauty so prominent in the Quran and Sunna of the Prophet came over time to be displaced by a narrow legalism that emphasized jurisprudence, punishment, and social control. In the modern era, Western Orientalists and Islamists alike have pushed the juridification and interpretive reification of Islamic ethical traditions even further. Each group has asserted that the essence of Islam lies in jurisprudence (fiqh), and both have tended to imagine this legal heritage on the model of Western positive law, according to which law is authorized, codified, and enforced by a leviathan state. “Reification of Shariah and equating of Islam and Shariah has a rather emaciating effect on Islam,” Khan rightly argues. It leads its proponents to overlook “the depth and heights of Islamic faith, mysticism, philosophy or even emotions such as divine love (Muhabba)” (13). As the sociologist of Islamic law, Sami Zubaida, has similarly observed, in all these developments one sees evidence, not of a traditionalist reassertion of Muslim values, but a “triumph of Western models” of religion and state (Zubaida 2003:135). To counteract these impoverishing trends, Khan presents a far-reaching analysis that “seeks to move away from the now failed vision of Islamic states without demanding radical secularization” (2). He does so by positioning himself squarely within the ethical and mystical legacy of the Qur’an and traditions of the Prophet. As the book’s title makes clear, the key to this effort of religious recovery is “the cosmology of Ihsan and the worldview of Al-Tasawwuf, the science of Islamic mysticism” (1-2). For Islamist activists whose models of Islam have more to do with contemporary identity politics than a deep reading of Islamic traditions, Khan’s foregrounding of Ihsan may seem unfamiliar or baffling. But one of the many achievements of this book is the skill with which it plumbs the depth of scripture, classical commentaries, and tasawwuf practices to recover and confirm the ethic that lies at their heart. “The Quran promises that God is with those who do beautiful things,” the author reminds us (Khan 2019:1). The concept of Ihsan appears 191 times in 175 verses in the Quran (110). The concept is given its richest elaboration, Khan explains, in the famous hadith of the Angel Gabriel. This tradition recounts that when Gabriel appeared before the Prophet he asked, “What is Ihsan?” Both Gabriel’s question and the Prophet’s response make clear that Ihsan is an ideal at the center of the Qur’an and Sunna of the Prophet, and that it enjoins “perfection, goodness, to better, to do beautiful things and to do righteous deeds” (3). It is this cosmological ethic that Khan argues must be restored and implemented “to develop a political philosophy … that emphasizes love over law” (2). In its expansive exploration of Islamic ethics and civilization, Khan’s Islam and Good Governance will remind some readers of the late Shahab Ahmed’s remarkable book, What is Islam? The Importance of Being Islamic (Ahmed 2016). Both are works of impressive range and spiritual depth. But whereas Ahmed stood in the humanities wing of Islamic studies, Khan is an intellectual polymath who moves easily across the Islamic sciences, social theory, and comparative politics. He brings the full weight of his effort to conclusion with policy recommendations for how “to combine Sufism with political theory” (6), and to do so in a way that recommends specific “Islamic principles that encourage good governance, and politics in pursuit of goodness” (8).
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