Legal Maxims in Islamic Criminal Law: Theory and Applications

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

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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").

Legal Maxims in Islamic Law

Legal Maxims in Islamic Law
Title Legal Maxims in Islamic Law PDF eBook
Author Necmettin Kızılkaya
Publisher BRILL
Pages 324
Release 2021-03-15
Genre Law
ISBN 900444467X

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This study analyses the legal maxims from a conceptual and historical point of view and gives a broad overview of the application of legal maxims in substantive law manuals as well as some other sub-genres.

Doubt in Islamic Law

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

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This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.

A Bibliography of Islamic Criminal Law

A Bibliography of Islamic Criminal Law
Title A Bibliography of Islamic Criminal Law PDF eBook
Author Olaf Köndgen
Publisher BRILL
Pages 467
Release 2021-12-06
Genre Law
ISBN 9004472789

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Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.

Islam and International Criminal Law and Justice

Islam and International Criminal Law and Justice
Title Islam and International Criminal Law and Justice PDF eBook
Author Tallyn Gray
Publisher Torkel Opsahl Academic EPublisher
Pages 270
Release 2018-11-16
Genre Law
ISBN 8283481886

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This book explores a broad range of issues on Islam and international criminal law and justice. Ten authors shed detailed light on the relationship between Islam, Islamic law and Islamic thought and international criminal law.

Shariʿa, Justice and Legal Order

Shariʿa, Justice and Legal Order
Title Shariʿa, Justice and Legal Order PDF eBook
Author Rudolph Peters
Publisher BRILL
Pages 726
Release 2020-08-03
Genre Law
ISBN 9004420622

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In Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Shariʿa and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of another region or a more recent period, such as in Nigeria or, also, Egypt. The book’s historical studies are mainly based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.

Islamic Law in Past and Present

Islamic Law in Past and Present
Title Islamic Law in Past and Present PDF eBook
Author Mathias Rohe
Publisher BRILL
Pages 676
Release 2015-01-27
Genre Law
ISBN 9004281800

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Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.