Intent in Islamic Law

Intent in Islamic Law
Author: Paul R. Powers
Publisher: BRILL
Total Pages: 249
Release: 2006
Genre: Religion
ISBN: 9004145923


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This is the first broad study of the treatment of intent in Islamic law, examining ritual, commercial, family, and penal law and providing new insights into Muslim understandings of law, religious ritual, action, agency, and language.

Intent in Islamic Law

Intent in Islamic Law
Author: Paul Powers
Publisher: BRILL
Total Pages: 248
Release: 2005-12-01
Genre: Law
ISBN: 9047416740


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This book explores the nature and role of intent in pre-modern Islamic legal rule books, including ritual, commercial, family, and penal law. It argues that Muslim jurists treat intent as a definitive element of many actions regulated by the Shari’a, and they employ a variety of means and terms to assess and categorize subjective states. Through detailed analyses of medieval Islamic texts, aided by Western philosophical examinations of intent, the author presents technically detailed yet lucid arguments about Islamic religious ritual and spirituality, the ethics of business transactions, the role of the inner self in crime and punishment, and Muslim understandings of agency and language. This is the first extensive exploration of the crucial legal issue of intent in all major areas of Islamic substantive law.

The Spirit of Islamic Law

The Spirit of Islamic Law
Author: Bernard G. Weiss
Publisher: University of Georgia Press
Total Pages: 233
Release: 2006
Genre: Law
ISBN: 0820328278


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Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.

Towards Realization of the Higher Intents of Islamic Law

Towards Realization of the Higher Intents of Islamic Law
Author: Gamal Eldin Attia
Publisher: International Institute of Islamic Thought (IIIT)
Total Pages: 315
Release: 2007-01-01
Genre: Law
ISBN: 1565644379


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This book takes an important step "towards the realization of the higher intents of the Islamic law". First, it opens the door towards the integration of contemporary values and worldview into the maqasid terminology. This is carried out via the sections on "the role of reason and experience in identifying maqasid". Secondly, the book gives answers to the complex theoretical questions on the role of maqasid in ijtihad, juristic theorization (usul), and the Islamization of the human, social, and physical sciences. Last, but not least, the book highlights the role and the necessity of a 'maqasid-informed' mindset on the intellectual and communal levels, and takes a pioneering futuristic look into this very important branch of Islamic knowledge.Maqasid al-Shariah (Higher Intents of the Islamic Law) is the most promising tool for the 'contemporization' of Islamic law and its philosophical foundations. It is also - as this book reveals - a promising tool for the realization of Islamic values and principles in the realms of judiciary, society, and even science.

Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law

Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law
Author: Ahmad Al-Raysuni
Publisher: International Institute of Islamic Thought (IIIT)
Total Pages: 482
Release: 2005-01-01
Genre: Religion
ISBN: 1565644123


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With the end of the early Islamic period, Muslim scholars came to sense that a rift had begun to emerge between the teachings and principles of Islam and Muslims’ daily reality and practices. The most important means by which scholars sought to restore the intimate contact between Muslims and the Qur’an was to study the objectives of Islam, the causes behind Islamic legal rulings and the intentions and goals underlying the Shari'ah, or Islamic Law. They made it clear that every legal ruling in Islam has a function which it performs, an aim which it realizes, a cause, be it explicit or implicit, and an intention which it seeks to fulfill, and all of this in order to realize benefit to human beings or to ward off harm or corruption. They showed how these intentions, and higher objectives might at times be contained explicitly in the texts of the Qur’an and the Sunnah, while at other times, scholars might bring them to light by means of independent reasoning based on their understanding of the Qur’an and the Sunnah within a framework of time and space. This book represents a pioneering contribution presenting a comprehensive theory of the objectives of Islamic law in its various aspects, as well as a painstaking study of objectives-based thought as pioneered by the father of objectives-based jurisprudence, Imam Abu Ishaq al-Shatibi; in addition, the author presents us with an important study of al-Shatibi himself which offers a wealth of new, beneficial information about the life, thought and method of this venerable man.

Islamic Law and Society

Islamic Law and Society
Author: Emine Enise Yakar
Publisher: Routledge
Total Pages: 312
Release: 2021-09-30
Genre: Law
ISBN: 1000456374


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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.

Legal Maxims in Islamic Criminal Law: Theory and Applications

Legal Maxims in Islamic Criminal Law: Theory and Applications
Author: Luqman Zakariyah
Publisher: BRILL
Total 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").

Studies in Islamic Legal Theory

Studies in Islamic Legal Theory
Author: Bernard G. Weiss
Publisher: BRILL
Total Pages: 488
Release: 2002
Genre: Religion
ISBN: 9789004120662


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This volume contains ground-breaking studies on such matters as the early development of legal theory in Islam, the emergence of "us l al-fiqh," theory vis-a-vis practice, various controversies among Muslim theorists, the construction of juristic authority, reformist concepts, and the role of "qaw cid."

Studies in Modern Islamic Law and Jurisprudence

Studies in Modern Islamic Law and Jurisprudence
Author: Oussama Arabi
Publisher: Springer
Total Pages: 224
Release: 2001-11-12
Genre: Law
ISBN: 9789041116604


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"The essays fall into three categories: modern Muslim legal Ideology, modern Islamic Contract law, and Family law"--Page ix.