Structural Interrelations of Theory and Practice in Islamic Law: A Study of Six Works of Medieval Islamic Jurisprudence

2008 ◽  
Vol 15 (3) ◽  
pp. 418-419
Author(s):  
Devin Stewart
Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 29-40
Author(s):  
Muhammad Rafi Bunairi ◽  
Hujjatullah Agha

Khula is the most practically used component in the judiciary of Pakistan and this requires completely Islamic Jurisprudence but unfortunately, Neither bar nor bench has special competency on this issue, on top of that Dar Ul Ifta is a different system in Pakistan that is not recognized ultimately common peoples face problems. The question arises to examine the theory of Khula in Islamic law along with Pakistani judicial practice in this relevant matter and furthermore to point out contemporary issues with its solutions so comparative study between khula and its practice is mainly focused in this research. This paper is not just an analytical study of the topic, but it is comparing both theoretical and practical aspects of Kula so that reforms could be oriented toward emerging issues. This work has drawn the conduct for the legal fraternity in concern matter furthermore, this writing has shown a way to the public for adopting a just & fair process for canceling the contract of marriage and more importantly the replacement of Civil judges with Muftian-E-Kiram in family courts will overcome the problems in family cases.


Author(s):  
Joshua M. White

This chapter examines the legal opinions (Arabic: fatwa, Turkish: fetva) issued by the chief Islamic legal authorities of the empire (şeyhülislam) concerning maritime violence and explores the implications of their rulings for judges and litigants throughout the empire and for the corsairs based on its margins. Drawing on research in sixteenth- and seventeenth-century fetva collections, the chapter establishes the kinds of legal questions that piracy and captivity posed for the Ottomans and how they were answered as the intensity, frequency, and focus of Mediterranean piracy mutated in sometimes alarming ways. Showing how secular, interstate, and Islamic law were harmonized through fetvas, the chapter lays the groundwork for the subsequent analysis of the convergence of theory and practice in Ottoman courts.


2019 ◽  
Vol 12 (7) ◽  
pp. 83
Author(s):  
Waseem Gul

The study has attempted to propose a research methodology for the subject of strategy from an Islamic perspective. It employed qualitative research methodologies to explore and analyze the content taken from the texts of the Quran and the Hadith; the Islamic Law contained in these texts; interpretation of this law via Islamic Jurisprudence. It has argued to extend this law into multiple layers of the research methodology ensuring whole research cycle takes place within the Tawhidic Paradigm propounded in the texts of the Quran and the Hadith. In doing so, it adopted the model of the research methodology as developed in the Jeudo-Christian or the Western cultural context and tried to replace the research philosophy(es) and reasoning approaches with the Islamic Law and Islamic Logic, enabling the whole methodology to operate within the framework of revelation and human reason at each and every layer and every aspect. This study is a part of the efforts which are being made to explore alternate perspectives in order to overcome the prevailing issues emerging in the classical management theory and practice, including those related to strategy. While works of scholars from cultural contexts different from the western cultures are surfacing in this area, it seems to be useful to also explore the Islamic sources of knowledge for the very purpose. It is to highlight a crucial point that this study should not be considered a way of negating or rejecting the existing body of knowledge, but it is an attempt to bring something which may complement it or provide a new way of looking into the subject of strategy.


2020 ◽  
Vol 3 (01) ◽  
pp. 168-189
Author(s):  
Dr. Muhammad Ilyas ◽  
Dr. Zainab Ameen

The Western Orientalism movement had resulted in the creation of a large academic asset of Islamic literature. The Orientalists had struggled in two ways; by introducing and editing old Islamic manuscripts, and by commenting on the various aspects of the Prophet’s (PBUH) life and his traditions. Moreover, some Orientalists had worked on the Islamic jurisprudence, too. As   Coulson, have been discussed analytical studies of Islamic jurisprudence,  in this regard his book, “ The History of Islamic Law”, is a sorely needed book; it will substantiate a highly impactful, direly beneficial and effective book; and above all, it is a remarkably well-constructed book. Mr. Coulson’s compact volume is a clear, comprehensive, and authoritative treatment of the genesis and history of Islamic law in theory and practice, and of the central problem of legal reform now confronting Muslim society. Islamic law, the Sharia of medieval Islam, is for Muslims and the comprehensive catalogue of God’s commands and recommendations laid down for the guidance of man… In recent times, with the wholesome adoption by Muslim countries of western legal ideas and institutions, the Sharia has seemingly been all but forsaken and abandoned… Unless the idea of a law system based on religion is to be abandoned entirely… [Coulson] points out, the task for modern Muslims, like that of their medieval predecessors, is once more to ascertain and impose the central ethical criterion norms of Islam upon the functioning’s of their society. N. J. Coulson was a chair of oriental laws at the School of Oriental and African Studies, University of London. In this article the analytical and critical review is discussed.


2009 ◽  
Vol 9 (3) ◽  
pp. 186-190 ◽  
Author(s):  
Mashood Baderin

AbstractProfessor Mashood Baderin of the School of Oriental and African Studies explains the basic concepts of Islamic law. He discusses its sources, including the distinction between Sharīcah and Fiqh and its methods and principles. He concludes with a discussion of the various Schools of Islamic jurisprudence.


2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.


2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.


2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.


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