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The Flexibility of Shariah (Islamic Law), with Reference to the Iranian Experience

This thesis verifies that no laws in Islam are immutable. Immutability is only applicable to faith, values and ultimate goals in Shariah. Those laws which look immutable even in ritual part of the religion are not actually immutable and are subject to change under special circumstances. Islamic laws have been developed out of certain conditions and necessities of the time and space. This flexibility must be known as the essential feature of the Islamic law. The framework for this flexibility and change has been predicted and verified in the main sources of Shariah, i.e. the Quran, the Sunnah, Ijma, Qiyas, Aql and Urf. The primary source of the Islamic law (the Quran) is, in itself, flexible on the basis of the analysis that the Quranic legislation leaves room for flexibility in the evaluation of its injunctions. The Quran is not specific on the precise value of its injunctions, and it leaves open the possibility that a command in the Quran may sometimes imply an obligation, a recommendation or a mere permissibility. Commands and prohibitions in the Quran are expressed in a variety of forms which are often open to interpretation. The main devices for change predicted in Shariah are Ijtihad, Maslaha and Al-ahkam-al-thanaviiah (secondary rules). Chapter One discusses the concept and development of Ijtihad. In Chapter Two, the role of Ijtihad in providing the Shariah with flexibility will be analysed. Chapter Three outlines how in practice Ijtihad has been effective in making the Islamic law flexible. Chapter Four is devoted to the concept of Al-ahkam-al-thanaviiah (secondary rules) as it has been developed by Muslim jurists. Chapter five will deal with the theory of Maslaha as a dynamic device in Shariah. Finally, in chapter six, the role of Al-ahkam-al-thanaviiah and Maslaha in Islamic Iranian law will be examined as it has beeen developed over the years.

This thesis verifies that no laws in Islam are immutable.

Social Movement Malaysia

This book considers the proliferation in Malaysia over the past two decades of non-governmental organizations (NGOs) associated with various social movements, both to provide basic information about the NGOs and social movements, and to discuss their role in the development of civil society generally in particular their contribution to the reform movement, which has been gathering strength since 1998. The book discusses the nature and development of the movements, and shows that those movements concerned with human rights and women's issues have made significant contributions to the reform movement and been irrevocably changed by their involvement in it.

This book considers the proliferation in Malaysia over the past two decades of non-governmental organizations (NGOs) associated with various social movements, both to provide basic information about the NGOs and social movements, and to ...

Education in the Islamic Civilisation

An Entry from Encyclopaedia of the World of Islam

Education has been held in high esteem throughout the history of Islamic civilisation. This book discusses classical Islamic approaches to education from philosophical, Sufi, and traditional viewpoints. A discussion of the classical subjects of scholarly study – such as Arabic grammar, theology, logic, and medicine – forms the basis of this book. Additionally, attention is given to ideals about teachers, students, methods of education, and higher education. This book is part of a series of translations from the Encyclopaedia of the World of Islam (EWI) which was originally compiled in Persian. Other entries from this encyclopaedia which are available in English include Hawza-yi ‘Ilmiyya, Hadith, Periodicals of the Muslim World, Muslim Organisations, Political Parties, Qur’anic Exegeses, Qur’anic Exegesis, Sufism, and Muslim Organisations.

Education has been held in high esteem throughout the history of Islamic civilisation. This book discusses classical Islamic approaches to education from philosophical, Sufi, and traditional viewpoints.

The Concept of State and Law in Islam

A timely work which highlights the far-reaching implications of the creation of Islamic States for both Muslims and the international community.

The original source from which all principles and ordinances of Islam are drawn
is the Holy Book , called al - Quran . According to Muslim belief , the Quran is a
divinely revealed book and as such , all positive laws given therein have ...

Contemporary Interpretation of Islamic Law

This book does not champion some of the popular misconceptions surrounding Islamic law. It does not advocate stoning to death; amputating the hands of thieves; call for the death penalty for those who leave the fold of Islam; or urge Muslims to save their souls from Hellfire by shunning bank loans for fear of incurring interest. What it does advocate is less sensationalistic, but it is in line with the real interpretation of Islamic law.Contemporary Interpretation of Islamic Law is divided into thirteen chapters. The majority of the chapters concentrate on criminal aspects of Islamic law, while the remainder concern themselves with social issues. Each chapter – where possible – provides background information of the topic under discussion and then proceeds to analyse, examine and critique the contentious parts of the topic, looking at the arguments from all sides and the evidence put forward by each side before arriving at a conclusion. The book is accompanied by a glossary. “Our work differs from other published titles on Islamic law as it takes into account the different aspects of the Qur’an. The Qur’an employs many parables, allegories and metaphors to highlight important messages for Mankind, yet jurists often make the common mistake of either omitting or misinterpreting these devices, resulting in inaccurate and often unlawful rulings which have direct and indirect effects on both Muslims and non-Muslims alike. It is hoped that our work will create a better understanding of the correct interpretation of the Qur’an and Islamic law,” says authors Ahmed Affi and Hassan Affi. Contemporary Interpretation of Islamic Law will appeal to those with an interest is Islam and Islamic law, though no specialist knowledge of Arabic or Islamic law is required.

Introduction Islam takes a dim view on the consumption of alcohol because of the
many ills that alcohol invites, yet, despite Islam's coherent stance on the matter of
alcohol, there will always be some segments of society who will regard Islam's ...

Islamic Law of the Sea

Freedom of Navigation and Passage Rights in Islamic Thought

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.