Doubt in Islamic Law
Title | Doubt in Islamic Law PDF eBook |
Author | Intisar A. Rabb |
Publisher | Cambridge University Press |
Pages | 431 |
Release | 2015 |
Genre | History |
ISBN | 1107080991 |
This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Legal Maxims in Islamic Criminal Law: Theory and Applications
Title | Legal Maxims in Islamic Criminal Law: Theory and Applications PDF eBook |
Author | Luqman Zakariyah |
Publisher | BRILL |
Pages | 247 |
Release | 2015-10-14 |
Genre | Law |
ISBN | 9004304878 |
Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally. Included in this examination are the following maxims: al-Umūr bi-Maqāṣidihā ("Matters shall be Judged by their Objectives"); al-Yaqīn lā Yazūl bi-sh-Shakk ("Certainty Cannot be Overruled by Doubt"); al-Mashaqqa Tajlib at-Taysīr ("Hardship begets Facility"); Lā Ḍarar wa-lā Ḍirār ("No Injury or Harm shall be Inflicted or Reciprocated"); and al-ʿĀda Muḥakkama ("Custom is Authoritative").
Doubt's Benefit
Title | Doubt's Benefit PDF eBook |
Author | Intisar A. Rabb |
Publisher | |
Pages | |
Release | 2009 |
Genre | |
ISBN |
Inevitable Doubt
Title | Inevitable Doubt PDF eBook |
Author | Robert Gleave |
Publisher | BRILL |
Pages | 277 |
Release | 2021-12-28 |
Genre | Law |
ISBN | 9004491961 |
In this volume, two classical texts of legal theory (usūl al-fiqh) are analysed. The authors of these works belonged to two schools of Shī‘ī jurisprudence: Yūsuf al-Baḥrānī (d. 1186/1772) was a key figure in the Akhbārī school, and his adversary, Muḥammad Bāqir al-Bihbahāanī (d. 1206/1791-2) was credited with the revival of the Usūli school and the defeat of Akhbarism after Baḥrānī's death. Through a comparison of the two writers' theories, this work describes the major areas of dispute between the two schools, examining how their different epistemologies lead to different conceptions of the sources and interpretation of the Sharī‘a, God's law for humanity. This work will, then, be of interest to historians of Islamic thought generally, and Shī‘ī thought and Islamic legal theory, in particular.
Inevitable Doubt
Title | Inevitable Doubt PDF eBook |
Author | Robert Gleave |
Publisher | BRILL |
Pages | 292 |
Release | 2000 |
Genre | Religion |
ISBN | 9789004115958 |
This book is an analysis of the legal theories of two classical Sh Muslim writers: one an Akhb r, the other an Us li. It provides insight, not only into Islamic jurisprudence, but also the Akhb r -Us li conflict in Twelver Sh sm.
Lessons in Islamic Jurisprudence
Title | Lessons in Islamic Jurisprudence PDF eBook |
Author | Muhammad Baqir As-Sadr |
Publisher | Simon and Schuster |
Pages | 224 |
Release | 2014-10-01 |
Genre | Religion |
ISBN | 1780746865 |
This is an English translation of one of the most famous texts by the influential and charismatic Islamic activist, as-Sadr, who was executed by Saddam Hussein in Iraq in 1980. As-Sadr's books have made him one of the most celebrated Arab Muslim intellectuals of modern times. This text is used throughout the Sunni and Shi'a world by students of Islamic jurisprudence because of its succinctness and intellectual vigour. Mottahedeh's translation is accompanied by a detailed introduction which explains and places in context as-Sadr's views. Representing an attempt to relate a large body of Islamic law to scripture, this translation should be of great interest to students of scripture, hermeneutics and law.
The Oxford Handbook of Criminal Law
Title | The Oxford Handbook of Criminal Law PDF eBook |
Author | Markus D Dubber |
Publisher | OUP Oxford |
Pages | 1294 |
Release | 2014-11-27 |
Genre | Law |
ISBN | 0191654604 |
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.