Relevant bibliographies by topics / Legal Stratagems

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Legal Stratagems'

Author: Grafiati
Published: 5 June 2025
Last updated: 1 August 2025

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Journal articles on the topic "Legal Stratagems"

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Rafique, Muhammad Omer, Ahmad Sufian Che Abdullah, Mohd Abd Wahab Fatoni, and Asmuliadi Lubis. "Hiyal (Legal Stratagems) in Islamic Finance: Systematic Literature Review." International Journal of Professional Business Review 8, no. 6 (2023): e01752. http://dx.doi.org/10.26668/businessreview/2023.v8i6.1752.

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Purpose: The aim of this study is to systematically review the existing literature on the application of Hiyal (legal stratagems) in Islamic finance. The article visualizes the linkages between different authentic works done on the topic and how the topic has evolved through the decades. Theoretical framework: The article visualizes the linkages between different authentic works done on the topic and how the topic has evolved through the decades. Design/methodology/approach: A systematic literature review of published peer-reviewed articles on Hiyal(legal stratagems) was conducted. A comprehen
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Rafique, Muhammad Omer, Ahmad Sufian Che Abdullah та Mohd Abd Wahab Fatoni Mohd Balwi. "An Outlook of Ḥiyal (Legal Stratagems) and Its Compilations in Islamic Economic Literature". Online Journal of Research in Islamic Studies 8, № 3 (2021): 37–49. http://dx.doi.org/10.22452/ris.vol8no3.3.

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Ḥiyal (legal stratagems) means to find an unconventional way to meet an end in a complicated Shari’ah issue. These stratagems should comply with the Maqasid-e-Shari’ah to remain legal. It has a wide application in today’s versatile cutting-edge Shari’ah matters. The research objective of this study is to explore and analyze the manuscripts and compilations from jurists, for and against the application of Ḥiyal (legal stratagems) in Islamic law in the problem-solving procedure. The study finds that Muslim jurists have strived to develop the Ḥiyal theory as a solution to fulfill the needs of the
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Al-Matroudi:, Abdul-Hakim. "Circumstantial Evidence and Legal Stratagems in Sūrat Yūsuf." Journal of Qur'anic Studies 9, no. 1 (2007): 235–199. http://dx.doi.org/10.3366/jqs.2007.9.1.199.

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Sartini Lambajo, Siti Sa’dianti, Nabilah Al Azizah та Sabila Adzkia. "A Critical Analysis of al-Ḥiyal al-Syar'iyyah Concept within the Ḥanafī School Paradigm: Implications and Implementation in Contemporary Financial Transactions". NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam 10, № 2 (2024): 187–208. https://doi.org/10.36701/nukhbah.v10i2.1732.

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This study examines the concept of al-ḥiyal al-syar'iyyah (permissible legal stratagems) from the Ḥanafī school of thought perspective and its application in contemporary financial transactions. The research aims to analyze the Ḥanafī scholars' views on al-ḥiyal al-syar'iyyah and explore its implementation in financial contracts (mu'āmalah māliyyah). Employing a qualitative approach with normative and sociological perspectives, this study focuses on textual analysis of classical and modern Islamic jurisprudence sources. The findings reveal that the Ḥanafī school considers al-ḥiyal al-syar'iyya
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von Senger, Harro. "Stratagems as a Means of Achieving Justice and Spreading Truth." Laws 12, no. 3 (2023): 36. http://dx.doi.org/10.3390/laws12030036.

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This contribution is based on the Chinese concept called Moulüe. A unique feature of Moulüe, without parallel in Western praxis-oriented schools of thinking, is its Yin-Yang dimension. The two hemispheres of the Yin-Yang symbol, a white one and a black one, are inseparably interconnected. According to the Moulüe concept, the white hemisphere is the place of transparent, conventional, legal ways to solve problems, whereas the black hemisphere harbors hidden agendas, and unconventional, cunning methods to solve problems, with the 36 stratagems as a central component. A person with Moulüe compete
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Zakaria, Mohamad Sabri B., Muhammed Thabith Muhammed Buhary та Zaid Khaliq. "EVALUATING MURĀBAḤAH FINANCING IN SRI LANKA: PRACTITIONER PERCEPTION". Sprin Journal of Arts, Humanities and Social Sciences 2, № 05 (2023): 72–86. http://dx.doi.org/10.55559/sjahss.v2i05.113.

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The most popular service offered by Islamic financial institutions is Murābaḥah financing. Thus, the purpose of this research is to investigate the historical roots of the Murābaḥah contract and its modern financial derivatives. The legal stratagems (LS) used to create these derivatives are themselves a source of criticism. Hence, the validity of these legal stratagems is analyzed through classical and contemporary literature. In addition, an investigation on the use of Murābaḥah instruments in Sri Lanka is carried out by conducting thematic analysis on interviews with nine respondents who are
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Tarasyuk, Volodymyr, Elina Morhunova, Dmytro Drobotun, Olena Stoyko, and Olena Chyzhova. "Stratagems of political and legal development of Ukraine: problems of actualization and scientific comprehension." Cuestiones Políticas 39, no. 70 (2021): 784–99. http://dx.doi.org/10.46398/cuestpol.3970.47.

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The aim of the article is to consider the priority areas of state policy and outline initiatives that are of strategic importance to Ukraine. The research topic is state programs (strategic initiatives) in the field of education and science, security and defense, information that will provide the opportunity to lay the foundation for positive changes in society. The study applies methods of scientific knowledge such as the dialectical method, the monographic method, the methods of analysis and synthesis, the system and structural method, the grouping and classification method, the abstract and
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Najem, Mostafa Bassam. "Issues Related to the Higher Objectives of the Sharī‘ah in Order to Tighten the Practice of Islamic Banking." مجلة إسرا الدولية للمالية الإسلامية 7, no. 2 (2016): 120–49. http://dx.doi.org/10.55188/ijifarabic.v7i2.285.

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This research sheds light on three essential issues for those dealing with the dilemmas of contemporary Islamic economics. The first concerns legal stratagems (hiyal): their types, their legitimacy and the effect of the motive for using them on the legal ruling. The second concerns combining the opinions of more than one madhab (talfīq), its relation to the issue of pursuing allowances (tatabbu’ al-rukhas) in the contemporary era and the parameters that must be observed when choosing the allowances of scholars. The third is the issue of adopting overruled (marjūh) opinions and abandoning the w
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Nghiem, Dai D. "Use of Kidneys from Anencephalic Donors to Offset Organ Shortage." Uro 3, no. 1 (2023): 10–18. http://dx.doi.org/10.3390/uro3010002.

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Background: It is well recognized that patient survival and quality of life are superior with renal transplantation than with dialysis. Organ availability is far outweighed by the large number of wait-listed patients. Additional stratagems are sought to expand the donor pool, and kidneys from anencephalic infants can be considered a source of organs, until now unexplored. We plan to assess the feasibility of using the kidneys from anencephalic infants for transplantation. Material and Methods: Information about anencephaly, the characteristics of the infant kidneys, the ethical, social and med
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Suharto, Ugi. "CONTENTIOUS SALES IN ISLAMIC BANKING AND FINANCE: ANALYSIS ON THEIR PROXIMITY TO RIBĀ." TAFHIM : IKIM Journal of Islam and the Contemporary World 6, no. 1 (2015): 55–82. http://dx.doi.org/10.56389/tafhim.vol6no1.4.

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This article discusses four controversial sales in Islamic banking and finance, each having the potentials to be used as legal stratagems (ḥiyal) to cover up the ribawi transactions: bayʿ al-ʿīnah, tawarruq, bayʿ al-dayn, and bayʿ al-wafāʾ (or bayʿ al-istighlāl). Yet, Islamic bank and finance industries in the world rely on such types of sales in their transactions. Malaysian Islamic banks and capital markets depend heavily on bayʿ al-ʿīnah and bayʿ al-dayn, while the Gulf Cooperation Council (GCC) countries rely a great deal on tawarruq and bayʿ al-wafāʾ (or bayʿ al-istighlāl). Regarding tawa
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Dissertations / Theses on the topic "Legal Stratagems"

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Ismail, Muhammed Imran. "Legal stratagems (hiyal) and usury in Islamic commercial law." Thesis, University of Birmingham, 2010. http://etheses.bham.ac.uk//id/eprint/1325/.

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This thesis investigates the subject of legal stratagems \((hiyal)\) in Islamic jurisprudence, in general and more particularly the \(hiyal\) used to evade the usury \((ribā) \)prohibition. The context of this thesis is the nascent Islamic finance industry in which these \(hiyal\) play a leading role. The \(hiyal\) have been appropriated from the classical Islamic legal corpus without appreciating their historical contextual framework. This thesis seeks to explicate that framework and clarify the purpose and role of those \(hiyal\) as envisaged in the discourse of the classical Islamic jurists
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Books on the topic "Legal Stratagems"

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Gamberini, Andrea. Law as a Field of Tension. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198824312.003.0016.

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As it had been in the communal age, so, in the Visconti-Sforza era, law was the instrument that the public authority relied upon in order to subordinate the many actors present and to subjugate their political cultures. There is, therefore, the attempt to tighten a vice around competing powers—a vice that is at the same time legislative, doctrinal, and judicial. And yet, it is difficult to escape the impression of an effort whose outcomes were somewhat more uncertain than had been the case in the past. The chapter focuses on all these aspects of the deployment of legal and other stratagems to
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Grivno, Max. 3. “There Are Objections to Black and White, but One Must Be Chosen”. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036521.003.0004.

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This chapter explores farmers' strategies for recruiting and disciplining a diverse workforce of slaves, free blacks, and hired whites. Regardless of the composition of their workforces, landowners labored under certain imperatives: they needed to eliminate or at least trim the cost of supporting their workers' dependent kin and to rid themselves of surplus hands during slower seasons while guaranteeing a workforce adequate for harvesting wheat. To balance these competing imperatives, employers of free labor winnowed workers they perceived as unproductive from their rolls and crafted economic
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Book chapters on the topic "Legal Stratagems"

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Yaakob, Mohd Ashrof Zaki Bin, Mohamad Mahyuddin Khalid, Mohd Dasuqkhi Mohd Sirajuddin, et al. "Application of Hiyal (Legal Stratagems) on Al-Ijarah-Based Contract in Islamic Financial Institution in Malaysia." In Contemporary Issues and Development in the Global Halal Industry. Springer Singapore, 2016. http://dx.doi.org/10.1007/978-981-10-1452-9_36.

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Heuser, Beatrice. "Traditional and Legal Constraints on Warfare." In War. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198796893.003.0009.

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Paradoxically, norms have been developed over time to contain the suffering and destruction caused by war, even though it is the most deliberately destructive activity of humanity. Such constraints did not always aim to protect civilians, however. The Assyrians, Hebrews, and Ancient Greeks lacked compassion with civilians, whether they be the enemy’s or their own. The Romans, famous for their the juridicization of war (including concepts such as that treaties must be honoured; or that military necessity could suspend rules), devised rules of conduct even towards enemies, as long as those enemi
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Brickhouse, Thomas C., and Nicholas D. Smith. "Socrates’ DEfense, Part I (17al-24b2)." In Socrates on Trial. Oxford University PressOxford, 1991. http://dx.doi.org/10.1093/oso/9780198239383.003.0002.

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Abstract There was little that was ordinary about the trial of Socrates. One of its most extraordinary aspects was the way in which Socrates behaved in the courtroom: whereas other litigants might employ highly emotional stratagems to win a favorable verdict, all the ancient accounts show Socrates proudly disdaining any posture of supplication or fearful humility that might have helped to earn him the jurors’ mercy. In this respect, Plato’s Apology is no exception. But as we have said, commentators have typically inferred from Socrates’ refusal to ap peal to the jurors’ emotions that he betray
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Oette, Lutz. "Contestation: Challenges to the Absolute Prohibition of Torture." In The Transformation of the Prohibition of Torture in International Law. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780191994098.003.0002.

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Abstract Chapter 1 sets out the genesis of and rationale for the absolute prohibition of torture before examining challenges to it in their wider historical, colonial, and imperial context. It analyses how the portrayal of torture as a ‘barbaric’ practice and the rationale for its prohibition in international law informed subsequent challenges. Focusing on France (Algeria), the United Kingdom (Northern Ireland), Israel (Palestinians), and the United States of America (counter-terrorism) as key case studies, it shows how states employed legal stratagems to narrow the prohibition’s application a
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Townley, Barbara, Philip Roscoe, and Nicola Searle. "Constructing Value." In Creating Economy. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198795285.003.0005.

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The chapter invokes recent advances in the sociology of valuation to contend that the IP/IPR nexus is the mechanism through which creative products are constructed as valuable: that it orders and settles the multiple evaluative principles at play in creative production. The chapter’s pragmatist approach suggests that IP/IPR is constituted by valuations as diverse as knowledge, networks, or legal stratagems and game playing, valuation practices that coexist with other cultural intermediaries in the creative industries. Although only temporary, such valuations are vital in the operation of marke
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