Relevant bibliographies by topics / Qiyās (Islamic law)

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

Academic literature on the topic 'Qiyās (Islamic law)'

Author: Grafiati
Published: 4 June 2021
Last updated: 29 July 2024

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Journal articles on the topic "Qiyās (Islamic law)"

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Hasibuan, Anwar Saleh, and Ghofar Siddiq. "Interelation of Qiyās Ushul Nahwi & Qiyās Ushul Fiqh In Islamic Law Construction Framework." Law Development Journal 2, no. 3 (October 11, 2020): 402. http://dx.doi.org/10.30659/ldj.2.3.402-411.

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Qiyās in the scope of Islamic scientific studies is not only studied and discussed in the study of Ushūl Fiqh science, but also in the study of Ushūl Nahwi science it is also studied and discussed about Qiyās. This article attempts to analyze, study and explain the form of interrelation that occurs between Qiyās Ushūl Nahwi and Qiyās Ushūl Fiqh in relation to Islamic legal constructs by describing the forms of the relationship between the similarities and differences between the two.
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Akgunduz, Ahmed. "Sa‘Êd Nūrsī’s Approach to the Principles of Reasoning Vis-à-vis Analogical Inductive Reasoningp; Pendirian Pemikiran Said Nūrsī berhubung Pemikran Analogis Induktif." Journal of Islam in Asia (E-ISSN: 2289-8077) 8, no. 1 (June 15, 2011): 157. http://dx.doi.org/10.31436/jia.v8i1.190.

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Abstract Analogical inductive reasoning (al-qiyās al-tamthīlī) is to some scholars a controversial issue related to Islamic law and logic. It is argued that this kind of qiyās can only afford non-certain knowledge in Islamic law. Bedi‘uzamān Said Nūrsī (1876-1960) however, evaluated this kind of qiyās and argued that there also exists al-qiyās al-tamthīlī which affords certain knowledge. This problem may not be appreciated unless information regarding the proofs (al-’adillah wa al-Íujaj) and the ways of inference (isÏinbāt) and argumentation (istidlāl) in logic and Islamic law is discussed. For that matter stand of great scholars like Ibn Taymiyyah (d. 728) and Ibn al-Qayyim (d. 751) have been shared in. They have actually gone the same way with different nuances.
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al-Kahtani, Faleh Salem. "Corporate Governance from the Islamic Perspective." Arab Law Quarterly 28, no. 3 (September 23, 2014): 231–56. http://dx.doi.org/10.1163/15730255-12341277.

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This article investigates corporate governance from an Islamic perspective and offers a definition of Islam as well as the sources that underpin Islamic law: i.e., the Qurʾān and Sunnah as primary and ijmāʿ (consensus) and qiyās (analogical reasoning) as secondary sources. Islamic objectives are highlighted by focusing on māl (wealth) and tawḥīd (Unity/Oneness of Allah). The Islamic vision on values is appraised by illustrating accountability (ḥisāb), justice (ʿadālah), consultation (shūrā), integrity (amānah), truthfulness (ṣiddiq), sincerity (ikhlāṣ), intention (niyyah), and brotherhood (ukhuwah). However, points of view on models of corporate governance differ greatly between Islamic and Western (Anglo-American) law. It has been argued that corporate governance from an Islamic perspective does not represent a modern model. This article discusses the advantages it has to offer for Saudi corporate governance.
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., Farhadullah, and Fazle Omar. "Scope of State in Legislation from Islamic Perspective." Journal of Islamic and Religious Studies 2, no. 2 (February 9, 2020): 73–83. http://dx.doi.org/10.36476/jirs.2:2.12.2017.20.

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Islamic law is basically a part of a holistic system based primarily on the divine message enclosed in the Holy Qur'an and traditions of the Prophet (SAW), which are the main fundamental sources of Islamic law. After the demise of the Prophet (SAW), field of Ijtehād started development, which was already approved by the Prophet (SAW) in his life. The companions of the Prophet (SAW) developed the notion of Ijmā while early Muslim jurists discovered the Qiyās, Maslaha, Istislāh, Istehsān etc.Determining the location of authority and its scope in law-making has remained a complex situation for the western philosophers since long. As far as the case of Muslims is concerned, they are in the position to find solution of this situation as to where the authority dwells; enabling them to resolve many queries which seemed to be unanswered for the long time. It is important for the Muslims to comprehend the concept of Islamic institutions from the perspective of Islamic frame work and legal as well as constitutional history of Islamic history.
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Muslim, Buhori, T. Wildan, Syarifuddin M. Saman, Nurchalis Sufyan, and Sitti Mawar. "The Arabic Language Contribution to The Istinbāṭ in Islamic Law of Acehnese Scholars." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, no. 1 (June 27, 2022): 224. http://dx.doi.org/10.22373/sjhk.v6i1.11732.

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This article discusses the contribution of the Arabic language to the istinbāṭ in Islamic law of Acehnese scholars. The purpose of this journal is to identify the contribution of the Arabic language to the practice of Islamic law. This research is qualitative research using the descriptive analysis method by describing and identifying the influence and contribution of the Arabic language on Islamic legal istinbāṭ among Acehnese scholars. The results of the findings of this study indicate that the primary sources for performing Islamic legal istinbāṭ are the Qur’an, hadīṡ, ijmā‘, and qiyās, all of which are written in the Arabic language. Importantly, the Arabic language greatly contributes to legal istinbāṭ among Acehnese scholars, the more a cleric understands the Arabic language, the easier it is to practice law, and it is important for scholars to master the Arabic language and its literature, such as balaghah, ma‘āni, badi‘, bayān, majāz, nahwu, and sharf because to understand the Arabic language is the inseparable and correlated understanding between sciences which is an integral unit, so that if a scholar performs Islamic law istinbāṭ but does not understand the Arabic language sciences, the legal fatwa he issued will be doubted.
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Syufa'at, Syufa'at. "Pembajakan Karya di Bidang Hak Cipta: Telaah Integratif Hukum Islam dan Undang-Undang R.I. Nomor 28 Tahun 2014 tentang Hak Cipta." Al-Manahij: Jurnal Kajian Hukum Islam 13, no. 1 (June 25, 2019): 49–63. http://dx.doi.org/10.24090/mnh.v0i1.2215.

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Copyright is one part of intellectual property that has the widest scope of protected objects. The rapid development of information and communication technology requires rules that support copyright, especially with the rampant piracies. Therefore, copyright must have a legal protection as other rights. This paper is dedicated to outlining the concept of piracy of works in the field of copyright using an integrated review of Islamic law and the Indonesian Law No. 28 of 2014 concerning Copyright. By using a deductive framework and normative approach, this paper formulates one finding that copyright piracy even though there are no clear and standard rules in Islamic law, by using analogy (qiyās) method, the copyright rule is in accordance with the law against the perpetrator of theft (saraqah). However, because a pirator of copyrights is not the same as a theft, its rule enters ta’zīr domain where all provisions for sanctions are determined by the government. In Indonesia, the actualization of sanctions is regulated in Law No. 28 of 2014, which essentially strives to create justice and guarantee of every individual right that leads to widespread benefit. Islamic law (in this case saraqah rules) becomes the theological basis for Law No. 28 of 2014 in a normativity context, where the integration points of Islamic law and Indonesian law can be established.
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Nashirudin, Muh, and Mudofir Mudofir. "The Authority of Majelis Tafsir Al-Qur’an (MTA) Fatwa: Critical Review of the MTA’s Sunday Morning Brochure." Al-Manahij: Jurnal Kajian Hukum Islam 12, no. 2 (December 5, 2018): 163–76. http://dx.doi.org/10.24090/mnh.v12i2.1634.

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This paper discusses the authority behind the Sunday Morning Brochure by Majelis Tafsir Al-Qur’an (MTA). The Sunday Morning Brochure is a study material given on Sunday morning and distributed to MTA members, and they can be regarded as a fatwa or the result of the MTA’s ijtihād in understanding the sources of Islamic law. From the documentations and interviews, this research finds that the study materials on the MTA’s Sunday morning brochures have been designed by a team of experts under the supervision of Ahmad Sukina. However, the brochures are, in fact, only prepared individually by the chairman of the team, i.e. Masduki who cannot be said to be authoritative in the istinbāṭ or ijtihād of Islamic law because he does not meet the criteria as an individual mujtahid in establishing the Islamic law. While using the jargon back to the Qur'an and Sunnah, MTA still uses ijmā' and qiyās as a proposition though in a very limited case. Other sources than those four, such as istiḥsān, maṣlaḥah, and istiṣḥāb will not be used by the MTA.
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Dr. Abdul Ghaffar and Muhammad Asif. "استنباطِ احکام میں فقہائےاحناف اوراہل ظواہرکامنہج اور عصری معنویت." International Research Journal on Islamic Studies (IRJIS) 3, no. 02 (July 1, 2021): 65–83. http://dx.doi.org/10.54262/irjis.03.02.u05.

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Islamic Sharīʿa gives importance to intellect as well as imitation. For better comprehension of imitation, it is necessary to have perception. Intellect is helpful for imitation to interpret comprehensively. There is no dissension in imitation but for Intellect having a difference in way of thinking and intelligence quotient, there might be dissension. In Islamic Jurisprudence, there are five schools of Fiqh (Ḥanafī, Mālḳī, Shafi՚ī, Ḥanblī, and Ẓāhirī). Each one has its principles of interpretation. There is a dire need for comparison among these schools of Fiqh. In this article, it has been tried to compare the principles of interpretation between the Hanafi and Zaheri schools of Fiqh. Islamic law regulates the practical affairs of life such as virtual laws, family matters, financial matters, banking laws, judicial proceeding affairs, inheritance, and criminal laws. In this article, an introduction of both jurisprudential scholars, Imam AbŪ Ḥanīfa and Imam AbŪ Dawud Ẓāhirī including their famous students who have a great contribution, has been discussed. A valuable discussion has also been done on their principles of interpretation. These two schools of Fiqh have two different origins and places, but both follow Qu՚rān, Sunnah/Ḥadith, and Ijmā՚ as the primary sources of interpretation while other sources such as Qiyās, Istiḥsan, Shara՚ mā Qabl, Urf are quite different. Ẓāhirī scholars do not accept Qiyās and Istiḥsan as a source of interpretation, but they accept Dalīl and Istashab as a primary source of interpretation.
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Rahmadani, Rahmadani, Islahuddin Ramadhan Mubarak, Riska Riska, and Nur Afni A. "Hukum Pembuatan Pupuk dari Bangkai Binatang." AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab 1, no. 1 (September 5, 2022): 72–81. http://dx.doi.org/10.36701/qiblah.v1i1.631.

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This study aims to find out and understand what the law of making fertilizer from animal carcasses is. The problems in this research are; First, how about the law of carrion in general? Second, how is the review of Islamic law on the manufacture of fertilizer from animal carcasses? Qualitative descriptive research (non-statistical) using historical approaches and normative juridical approaches. The data used in this study are sourced from primary data and secondary data in the form of the Koran, hadith, classic and contemporary books, journals, theses, papers, and scientific literature related to the title of this research. The results of the research found are first, the law on the use of animal carcasses is okay because it is also a treasure that can be used, what is forbidden from the carcass is consuming or eating it. Second, the review of Islamic law on the manufacture of fertilizer from animal carcasses is lawful because there has been suitability of each analytical review used, such as in terms of manufacture or production, qiyās, istitālah, and maslahah.
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Wagiyanto, M. "Regional Head Election (Pilkada) Dispute Settlement in the Perspectives of Sociology of Islamic Law." AL-'ADALAH 16, no. 1 (August 27, 2019): 207–24. http://dx.doi.org/10.24042/adalah.v16i1.1982.

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This article presents an alternative concept of resolving disputes over Regional Head Elections (Pilkada) from the perspectives of the sociology of Islamic Law. The aim is to find the possibility of obtaining better alternative dispute esolutions that meet the feelings of justice of the parties. Up to now, Pilkada dispute resolution always took the path of litigation (court), which ended in victory on the one side and defeat on the other side. Rarely, if ever, there is a dispute settlement that takes a non-litigation path to get a win-win solution. Even though there were no historical documents found in Islamic history on the Regional Head elections; But the absence of the document does not necessarily mean that Islam has no concept that can be used to solve humanitarian problems. As a religion characterized by rahmatan lil alamin (peace upon the world), Islam has a concept that can be applied to resolve disputes that refer to some principles originating from Syari'ah arguments, namely: al-Qur'an, al-Sunnah, Ijmā’ (agreement of the scholars), Qiyās (analogy), Maslahah Mursalah (benefit of society), and ‘Urf (community tradition).
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Dissertations / Theses on the topic "Qiyās (Islamic law)"

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Haram, Nissreen. "Four scholars on the authoritativeness of Sunnī juridical Qiyās." Thesis, McGill University, 1988. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61859.

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Talbot, Karmen E. "Arguments against the Sunnī legal methodology : Ibn Ḥazm and his refutation of qiyās." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66135.

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Allie, Shouket. "Exploring the concept of conciliation (ṣulḥ) as a method of alternative dispute resolution in Islamic law." University of the Western Cape, 2020. http://hdl.handle.net/11394/7632.

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Magister Legum - LLM
This research will chart and navigate the early stages in the development, conceptualisation, and formulation of Islāmic law and the concept of ṣulḥ as a mechanism of legal redress in Islāmic law (Sharī’a). The research shows that firstly, the mechanism is deeply rooted and embedded in scriptural (Qur’ānic) and extrascriptural text namely the corpus of Ḥadīth. There is a plethora of instructions to prove that reconciliation is indeed a lofty goal which is rewarded as an act of worship. Like many other aspects of the Sharī’a, ṣulḥ is regulated by provisions of the scripture and extra-scriptural sources considered by Muslims as the (Sharī’a). Secondly ṣulḥ is also the preferred method of alternative dispute resolution because it is fluid, contractual, expeditious and one of the most effective ways of solving different types of disputes, whether commercial or family. It has therefore gained considerable traction in modern western financial industry which I think is largely due to its contractual nature and the absence of the adversarial element. As a mechanism of redress, ṣulḥ is governed by Islāmic law of contract which takes the form of an agreement which can be mutually negotiated between two or more parties. Of late it has also become the mechanism of choice in family and marital disputes.
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El-Tobgui, Carl Sharif. "The epistemology of Qiyas and Talil between the Mutazilite Abu l-Husayn al-Basri and Ibn Hazm al-Zahiri /." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31102.

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This thesis seeks to sketch the outer contours of the epistemological universe in which the science of us&dotbelow;ul al-fiqh was elaborated in classical Islam. The task is accomplished by analyzing arguments both for and against qiyas and ta`lil as presented by two major jurists of the 5th century of the Hijra representing opposite ends of the Islamic theological spectrum: (1) the H&dotbelow;anafite Mu`tazilite jurist Abu l-H&dotbelow;usayn al-Bas&dotbelow;ri (d. 436/1044) and (2) the Z&dotbelow;ahirite Abu Muh&dotbelow;ammad `Ali ibn H&dotbelow;azm al-Andalusi (d. 456/1064). After detailing each author's stance regarding the justifiability of qiyas and ta`lil, the thesis analyzes the underlying theological and epistemological premises and assumptions that can be extrapolated from each author's position. This analysis focuses on three fundamental sets of questions, namely: (1) What can be inferred from each author's position regarding the nature and provenance of knowledge in general, and of the relative status of certain (qat&dotbelow;`i, yaqini) versus suppositional (z&dotbelow;anni ) knowledge in matters of Shari`a? (2) What, according to each author, was the moral-legal status of acts before the promulgation of the Shari`a, and what can be inferred from this about the nature and provenance of moral-legal norms as conceived in the Islamic world view? Finally, (3) What can we conclude, on the basis of each jurist's arguments for or against qiyas and ta`lil, about the purposefulness of Divine acts in general and of the Shari`a in particular?
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Ahmed, Shoayb. "The development of Islamic jurisprudence (fiqh) and reasons for juristic disagreements among schools of law." Diss., 2005. http://hdl.handle.net/10500/1520.

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Islamic Jurisprudence comprises of the laws that govern a Muslims daily life. The Prophet Muhammad explained and practically demonstrated these laws. The jurists studied the Quran and the Prophet's life and they adopted a refined methodology which they used to extract legal rulings and verdicts. This methodology is known as the Principles of Jurisprudence. The jurists expanded on this methodology with some differences among them on the usage and the application of some aspects as acceptable forms of evidence. Eventually, the Muslim world was left with four schools of jurisprudence that are present to this day. There are differences between these schools on some issues but these differences never caused conflict, instead it provided us with a wealth of knowledge. We need to study these schools and its principles together with the objectives and intent of the Shariah and utilize this to find solutions to all new issues that arise.
Religious Studies and Arabic
M. A. (Islamic Studies)
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Gamieldien, Mogamad Faaik. "An annotated translation of the manuscript Irshad Al-MuqallidinʾInda Ikhtilaf Al-Mujtahidin (Advice to the laity when the juristconsults differ) by Abu Muhammad Al-Shaykh Sidiya Baba Ibn Al-Shaykh Al-Shinqiti Al-Itisha- I (D. 1921/1342) and a synopsis and commentary of its dominant themes." Thesis, 2018. http://hdl.handle.net/10500/25753.

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Text in English and Arabic
In pre-colonial Africa, the Southwestern Sahara which includes Mauritania, Mali and Senegal belonged to what was then referred to as the Sudan and extended from the Atlantic seaboard to the Red Sea. The advent of Islam and the Arabic language to West Africa in the 11th century heralded an intellectual marathon whose literary output still fascinates us today. At a time when Europe was emerging from the dark ages and Africa was for most Europeans a terra incognita, indigenous African scholars were composing treatises as diverse as mathematics, agriculture and the Islamic sciences. A twentieth century Mauritanian, Arabic monograph, Irshād al- Muqallidīn ʿinda ikhtilāf al-Mujtahidīn1, written circa 1910/1332, by a yet unknown Mauritanian jurist of the Mālikī School, Bāba bin al-Shaykh Sīdī al- Shinqīṭī al-Ntishā-ī (d.1920/1342), a member of the muchacclaimed Shinqīṭī fraternity of scholars, is a fine example of African literary accomplishment. This manuscript hereinafter referred to as the Irshād, is written within the legal framework of Islamic jurisprudence (usūl al-fiqh). A science that relies for the most part on the intellectual and interpretive competence of the independent jurist, or mujtahid, in the application of the methodologies employed in the extraction of legal norms from the primary sources of the sharīʿah. The subject matter of the Irshād deals with the question of juristic differences. Juristic differences invariably arise when a mujtahid exercises his academic freedom to clarify or resolve conundrums in the law and to postulate legal norms. Other independent jurists (mujtahidūn) may posit different legal norms because of the exercise of their individual interpretive skills. These differences, when they are deemed juristically irreconcilable, are called ikhtilāfāt (pl. of ikhtilāf). The author of the Irshād explores a corollary of the ikhtilāf narrative and posits the hypothesis that there ought not to be ikhtilāf in the sharīʿah. The proposed research will comprise an annotated translation of the monograph followed by a synopsis and commentary on its dominant themes.
Religious Studies and Arabic
D. Litt. et Phil. (Islamic Studies)
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Books on the topic "Qiyās (Islamic law)"

1

Ghazzālī. Asās al-qiyās. al-Riyāḍ: Maktabat al-ʻUbaykān, 1993.

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2

Gharb, Sābiyū Mūsá. Mukhālafat al-qiyās lil-naṣṣ. [Cairo]: Dār al-Ḥaram lil-Nashr wa-al-Tawzīʻ, 2016.

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Sāmarrāʼī, Muḥammad Fāḍil. Mawqif Ibn Ḥazm min al-qiyās. Dimashq: Dār al-ʻAṣmāʼ, 2021.

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ʻInānī, Muḥammad ʻAbd al-Fattāḥ. Risālah fī al-qiyās wa-al-munāẓarah. al-Qāhirah: Sharikat al-Wābil al-Ṣayyib lil-Intāj wa-al-Nashr wa-al-Tawzīʻ, 2018.

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Ismāʻīl, Shaʻbān Muḥammad. Dirāsāt ḥawla al-ijmāʻ wa-al-qiyās. al-Qāhirah: Maktabat al-Nahḍah al-Miṣrīyah, 1988.

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Ismāʻīl, Shaʻbān Muḥammad. Dirāsāt ḥawla al-ijmāʻ wa-al-qiyās. al-Qāhirah: Maktabat al-Nahḍah al-Miṣrīyah, 1988.

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Sallāmī, Muḥammad al-Mukhtār. al- Qiyās wa-taṭbīqātuhu al-muʻāṣirah. Jiddah: al-Bank al-Islāmī lil-Tanmiyah, al-Maʻhad al-Islāmī lil-Buḥūth wa-al-Tadrīb, 1995.

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ʻAbd al-Karīm ibn ʻAlī ibn Muḥammad Namlah. al- Rukhaṣ al-sharʻīyah wa-ithbātuhā bi-al-qiyās. al-Riyāḍ, al-Mamlakah al-ʻArabīyah al-Saʻūdīyah: Maktabat al-Rushd, 1990.

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Aḥmad ibn ʻAbd al-Ḥalīm Ibn Taymīyah. Risalātān fī maʻná al-qiyās. ʻAmmān: Maktabat Dār al-Fikr, 1987.

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Dardūr, Ilyās. Athar al-ikhtilāf fī al-qiyās fī ikhtilāf al-fuqahāʼ. Bayrūt, Lubnān: Dār Ibn Ḥazm, 2010.

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Book chapters on the topic "Qiyās (Islamic law)"

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Iqbal, Muhammad. "Arsyad Al-Banjari’s Qiyās for Integrating Banjarese Traditions into Islamic Law." In Logic, Argumentation & Reasoning, 179–221. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-91676-3_6.

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Nakissa, Aria. "The Structure of Islamic Legal Thought." In The Anthropology of Islamic Law, 181–224. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190932886.003.0008.

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This chapter examines the overall structure of Islamic legal thought, and explains how it relates to the pedagogical practices characteristic of Islamic learning. Here the chapter develops hermeneutic ideas using insights from “planning theory,” an influential approach in recent philosophical and legal scholarship. This allows for a new perspective on an entire range of Islamic legal concepts including: maṣlaḥa, taʿabbud, Maqāṣid al-Sharīʿa, qiyās, istiṣlāḥ, istiḥsān, ijmāʿ, ijtihād, taqlīd, and madhhab. The chapter links its analysis to ideas and practices found at al-Azhar University, al-Azhar mosque, and the Dār al-ʿUlūm. Among the topics discussed are planning theory and instrumental rationality, including how intentions/rules are partially instrumentally rational and partially arbitrary/non-rational; how new circumstances can prompt the abandonment and reformation of intentions/rules; language and the principles of Islamic legal interpretation.
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Baderin, Mashood A. "7. Penal law." In Islamic Law: A Very Short Introduction, 102–14. Oxford University Press, 2021. http://dx.doi.org/10.1093/actrade/9780199665594.003.0007.

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‘Penal law’ reviews Islamic penal law, the most controversial aspect of Islamic law that often prompts heated debate about its applicability in contemporary times. Classical Islamic law classifies crimes and their punishments into three main categories: hudūd, qisās, and ta’zīr. Substantively, the hudūd and qisās offences are specifically prescribed in the Qur’an and/or the Sunnah, while the ta’zīr offences are left to the discretion of the ruling authority or judges. There are a number of evidential requirements and standard of proving criminal offences under Islamic law. The classical Islamic penal rules are now codified into the current penal codes of a few Muslim-majority states, with necessary modifications.
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