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.

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.

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.

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.

Routledge Handbook of Islamic Law

Routledge Handbook of Islamic Law
Title Routledge Handbook of Islamic Law PDF eBook
Author Khaled Abou El Fadl
Publisher Routledge
Pages 636
Release 2019-05-10
Genre Religion
ISBN 1317622448

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This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.

Islamic Law and Society

Islamic Law and Society
Title Islamic Law and Society PDF eBook
Author Emine Enise Yakar
Publisher Routledge
Pages 163
Release 2021-09-30
Genre Law
ISBN 1000456420

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This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.