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.
... underlie 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 ...
These selected papers from the III International Conference on Islamic Legal Studies, held in 2000 at Harvard Law School, offer building blocks toward the entire edifice of understanding the complex development of the madhhab, a development that, even in the contemporary dissolution of madhhab lines and grouping, continues to fascinate.
From Fatwas to Furūʻ : Growth and Change in Islamic Substantive Law , ” in
Islamic Law and Society , 1 : 29 – 65 . - 1994b . “ Murder in Cordoba : ijtihād , iftā '
and the Evolution of Substantive Law in Mediaeval Islam , ” in Acta Orientalia , 55
...
This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.
This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.
Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms. The development of the judiciary, legal reasoning and legal authority during the first century is discussed in detail as is the dramatic rise of prophetic authority, the crystallization of legal theory and the formation of the all-important legal schools. Finally the book explores the interplay between law and politics, explaining how the jurists and the ruling elite led a symbiotic existence that - seemingly paradoxically - allowed Islamic law and its application to be uniquely independent of the 'state'.
This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms.
In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism.
2 The Sharia and Siyar in the Development of the Law of Nations
INTRODUCTION OUR EARLIER EXAMINATION has highlighted the complexities
inherent in enunciating absolute principles of the Sharia and the Siyar.1
Notwithstanding ...
Interpretation of Islamic law on relationship among Islam, state, and politics in Indonesia.
Interpretation of Islamic law on relationship among Islam, state, and politics in Indonesia.
Abdul Hakim Hakim's thoughts as an ulama from Minangkabau on fiqh.
Menurutnya untuk masa sekarang , sctidaknya untuk kelompok masyarakat
tertentu ( terpelajar ) tujuan perkawinan antar agama untuk dakwah
pengembangan Islam sudah agak sulit untuk diwujudkan , karena dewasa ini
pada banyak ...
Dynamics of political conditions and their influence on development of Islamic law in Indonesian legal system.
Perubahan beberapa rumusan yang berkenaan dengan Islam dan hukum Islam
oleh PPKI tersebut bagaimanapun juga membawa konsekuensi terhadap
kedudukan dan perkembangan hukum Islam di Indonesia pada masa - masa ...
