Relevant bibliographies by topics / Islamic law (Fiqh)

Academic literature on the topic 'Islamic law (Fiqh)'

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Published: 27 July 2024
Last updated: 28 July 2024

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Journal articles on the topic "Islamic law (Fiqh)"

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Majid, Zamakhsyari Abdul, and Mumun Mulyati. "PROBLEMATIKA PENDIDIKAN MODERASI DALAM PEMIKIRAN WAHBAH AL-ZUHAILI." Almarhalah | Jurnal Pendidikan Islam 6, no. 2 (November 27, 2022): 220–30. http://dx.doi.org/10.38153/almarhalah.v6i2.155.

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ABSTRACTThis paper aims to examine and analyze the problems education of Islamic moderation from the viewpoint of Wahbah al-Zuhaili's Tafsir al-Munir and al-Fiqh al-Islamiy wa Adillatuhu science. The focus of the study in this paper is to analyze the moderate thoughts of Wahbah al-Zuhaili in understanding Islam through Tafsir al-Munir. Wahbah al-Zuhaili as a Muslim intellectual who mastered various scientific disciplines and had a moderate perspective. Wahbah al-Zuhaili's thoughts on moderation in Islamic law through his work al-Fiqh al-Islamiy wa Adilatuhu. In the book of al-Fiqh al-Islamiy wa Adillatuhu, indicators of moderation in Islamic law are a) Flexibility in Islamic Law, b) Renewal in Islamic Law, c) Views in Schools. Keywords: Islamic Moderation, Wahbah al-Zuhaili
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Ahmed, Arshad A. "Islamic Law." American Journal of Islam and Society 20, no. 2 (April 1, 2003): 124–26. http://dx.doi.org/10.35632/ajis.v20i2.1863.

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If Michael Mumisa's goal in his monograph Islamic Law: Theory & Interpretation is to reacquaint the relatively advanced student with, or per­haps even introduce the intelligent novice to, the early historical develop­ment oflslamic law (fiqh) and Islamic jurisprudence (usu/ al-fiqh), it can be said fairly that his work does an adequate job. It would, however, be too gen­erous to hold that it succeeds according to his wishes in making a significant advancement - even if limiting one's scope to the English medium only -toward Islamic jurisprudence's theoretical or interpretive development. This outcome is unfortunate, given the promising first chapter that showcases the author's relative familiarity with the plight of the modern world vis-a-vis the traditional outlook, as well as his cognizance of the impracticability of applying Islamic jurisprudence in the modern world, dominated as it is by competing secular and profane forces at every practi­cal level of law, polity, and policymaking. Very few, if any, contemporary Islamic jurists (faqaha ') or legal scholars (those steeped infiqh or usul al­fiqh but not licensed to practice) demonstrate a priori knowledge of the nuances of modernity's philosophical underpinnings sufficient enough to engage in any meaningful discourse that would constitute an enduring guidepost by which, as Mumisa proposes, to "revive and broaden the dis­cipline of usu! al-fiqh in order to bring about a methodology which will truly enable us [i.e., Muslims] to refer all our matters to Allah and His Messenger." Upon learning of Mumisa's motivation, the Muslim reader's cautious optimism is that, finally, here comes one of those rare Islamic legal scholars who can identify the modem world's intellectual errors as well as those of the contemporary Muslims who deal with them ...
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Nasucha, Juli Amalia. "KOMPETENSI DAN YURISDIKSI HUKUM ISLAM DALAM PERSPEKTIF FILSAFAT HUKUM ISLAM." Jurnal Kajian Hukum Islam 7, no. 2 (September 24, 2020): 139–55. http://dx.doi.org/10.52166/jkhi.v7i2.21.

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Some of the themes discussed in this study include: knowing the miniature of Sharia, the field of Fiqh, Islamic governance, and Political Asylum. Some of the conclusions generated from the discussion regarding the Competence and Jurisdiction of Islamic Law include: First, it is necessary to know that there are two dimensions in Islamic law which are closely related to each other, namely the divine dimension and the Insaniyah dimension. Second, as a derivation of the two dimensions contained in Islamic law, then Islamic law is divided into two parts, namely Islamic law as a product of Law / Fiqh or fiqh as a science, while the second is law as a social institution. Third, fiqih as a social institution This then gives rise to jurisdiction in applying Islamic law so that the next discussion that becomes important is the concept of constitutionality in Islam with all its articulations concerning Islamic constitutional politics.
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Nasucha, Juli Amalia. "KOMPETENSI DAN YURISDIKSI HUKUM ISLAM DALAM PERSPEKTIF FILSAFAT HUKUM ISLAM." Jurnal Kajian Hukum Islam 7, no. 2 (September 24, 2020): 139–55. http://dx.doi.org/10.52166/jkhi.v7i2.21.

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Some of the themes discussed in this study include: knowing the miniature of Sharia, the field of Fiqh, Islamic governance, and Political Asylum. Some of the conclusions generated from the discussion regarding the Competence and Jurisdiction of Islamic Law include: First, it is necessary to know that there are two dimensions in Islamic law which are closely related to each other, namely the divine dimension and the Insaniyah dimension. Second, as a derivation of the two dimensions contained in Islamic law, then Islamic law is divided into two parts, namely Islamic law as a product of Law / Fiqh or fiqh as a science, while the second is law as a social institution. Third, fiqih as a social institution This then gives rise to jurisdiction in applying Islamic law so that the next discussion that becomes important is the concept of constitutionality in Islam with all its articulations concerning Islamic constitutional politics.
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Romli, Moh. "USHUL FIQH SEBAGAI KERANGKA BERPIKIR DALAM ISTINBATH HUKUM EKONOMI ISLAM." Al-Kharaj : Jurnal Ekonomi, Keuangan & Bisnis Syariah 1, no. 2 (September 30, 2019): 158–64. http://dx.doi.org/10.47467/alkharaj.v1i2.53.

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Abstract Studying the science of ushul fiqh in the traditions of Islamic campuses and pesantren is significant for the discovery and formation of Islamic economic law. Even ushul fiqh was made a compulsory subject that must be mastered by Islamic economic law experts today. However, studying ushul fiqh on campus and Islamic boarding schools is trapped in a conservative paradigm, where studying ushul fiqh is limited to something that is consumptive, read and memorized, without contextualization and application. In fact, ushul fiqh must be presented in the midst of Islamic economic in a logical and realistic way, even ushul fiqh as the primary commodity of Muslim economic law experts in the methodology of istinbat al-hukm must touch the economic problems faced by contemporary society. That is the challenge of Islamic economics law experts in studying ushul fiqh today. This paper, how to explain the activities of Muslim economic law experts in studying and understanding ushul fiqh with a descriptive-qualitative research approach model. So what is studied in this paper is the paradigm of thinking in a community of Muslim economists in studying and developing ushul fiqh, when faced with socio-economic problems that require the juridists of Islamic law in the frame of religious texts. From the results of this discussion it can be seen that the ushul fiqh for Islamic economic jurists in the development and dynamics model of ushul fiqh is centered on; revitalization of ushul fiqh, text diversification (fahm nushus asy-shari'ah) and extensification of maqashid as-shari'ah, namely expansion in understanding the purpose of sharia (fahm maqashid as-shari'ah). Besides that, Islamic economic law experts can use the method of ushul fiqh as tariqatu al a'mal, (work patterns), first, making maslahah as a tool in establishing Islamic economic law. Second, it is like matching the fatwa of ulama's law, with the current situation and condition. Third, carry out the operation of Usul Fikih in the formation Islamic economic law as a deductive method. And fourth, complete with Qawaid al-Fiqhiyyah.
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Muttaqin, M. Imamul, Naila Azka Farikha, Dita Mauludya, Diva Adila Aulya Ramadhani, and Adhisti Malla Kartika. "Pencarian Hukum Menurut Ushul Fiqih." Jurnal Pendidikan Islam 1, no. 3 (June 22, 2024): 9. http://dx.doi.org/10.47134/pjpi.v1i3.638.

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His article aims to examine how customs are the source of fiqh law. Ushul fiqh is a study within the framework of Islamic law research methods. It deals with social reality and provides a social framework for phenomena that will occur now and in the future. The important role of ushul fiqih as the guardian of shari'a or Islamic law whose foundations by the Prophet Muhammad (saw) has been demonstrated fifteen centuries ago. Ushul fiqh has the characteristics of Islamic sharia law logic that is different from other laws. The customary law is interpreted according to several opinions of jurists. The customary law is interpreted according to several opinions of jurists. Also regarding Saddu al-Dzariah, where there are differences of opinion regarding the determination of the law whether this law should be formed or not. As for Madzhab shahabi and Syar'u Man Qablana which will be discussed in this article. From these three sources, the formation of Islamic law is still based on the Qur'an and Hadith which are the core of all Islamic law.
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Purkon, Arip. "Historical Dynamics of Islamic Law Methodologhy (Ushul Fiqh)." Mizan: Journal of Islamic Law 2, no. 2 (December 1, 2018): 117. http://dx.doi.org/10.32507/mizan.v2i2.295.

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Abstract:Ushul fiqh is one of the Islamic scholarly treasures passed down by the muslim scholars from generation to generation. The embryo of ushul fiqh comes from the practice and methodology of the Prophet Muhammad SAW and his Companions in addressing a problem, especially with regard to the law. This science experienced a dynamic development from generation to generation. This is because the muslim scholars give considerable attention and always do dialectics with the development of science in his time.Keywords: Ushul Fiqh, Fiqh, Development, Muslim ScholarAbstrak: Ushul fiqh merupakan salah satu khazanah keilmuan Islam yang diwariskan oleh para ulama dari generasi ke generasi. Cikal bakal ushul fiqh berasal dari praktek dan metodologi yang dilakukan oleh Rasulullah SAW dan para sahabat dalam menyikapi suatu permasalahan, khususnya yang berkaitan dengan hukum. Ilmu ini kemudian mengalami perkembangan yang dinamisdari generasi ke generasi. Hal ini disebabkan antara lain karena para ulama memberikan perhatian yang cukup besar serta senantiasa melakukan dialektika dengan perkembangan ilmu pengetahuan pada masanya.Kata Kunci: Ushul Fiqh, Fiqh, Perkembangan, Ulama
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Muhyiddin, Muh, Ibnu Chudzaifah, and Afroh Nailil Hikmah. "Dialektika Maqasid as-Syari’ah Dalam Metode Istinbath Hukum Islam." TASAMUH: Jurnal Studi Islam 13, no. 1 (April 15, 2021): 83–100. http://dx.doi.org/10.47945/tasamuh.v13i1.381.

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Maqashid as-shari'ah is a new trend in the legal istinbath that is undergoing development in the contemporary era. The development of the method of extracting the source of contemporary Islamic law is now considered more promising as using maqashid as-sharia. As a scientific discipline that is the development of fiqh and fiqh rules, maqashid as-shari'ah is now widely studied by experts in Islamic law more deeply. Benefit as the essence of maqashid as-shari'ah, has urgency in determining Islamic law. Because Islamic law is revealed has the purpose and purpose to realize the benefit of the people both in this world and in the Hereafter. Thus the study of maqashid as-shari'ah has a very important correlation in extracting the source of Islamic law, in other words that the excavation of Islamic law based on benefit still refers to the books of qawaid al-fiqhi and ushul al-fiqh. As for the way used by the scholars' in exploring the benefits there are three methods: bayani method (substantive analysis), qiyasi method (analogy analysis), and istishlahi method (benefit analysis)
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Hidayat, Syaiful. "Tata Negara dalam Perspektif Fiqh Siyâsah." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 1, no. 2 (December 1, 2013): 01–21. http://dx.doi.org/10.52431/tafaqquh.v1i2.10.

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Dimensions of Islamic teachingsare verybroad and universal. Islamis notonly desirableas a means ofactivity ritualism but more than that, Islam has beenable to answer and becamethe foundation of social lifeis absolutely. One dimension of Islam it is the system of government of a country. Islam also offers concept and system of government based on religious values ??are sublime. State is a means to establish and enforce Islamic law to the public at large. Objective To achieve that the Islamic law should be organized formally in a state institution as practiced by Prophet Muhammad SAW and forwarded by the state in the context of the medina khulafâurrâshidîn.
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Kamali, Mohammad Hashim. "Islamic Commercial Law." American Journal of Islam and Society 13, no. 2 (July 1, 1996): 197–212. http://dx.doi.org/10.35632/ajis.v13i2.2330.

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Introductory RemarksThe Islamic law of transactions (mu'amalat) has often been singled outas the most important area of contemporary research in Islamic theses, somuch so that, according to some observers, its priority is even higher thanthat of research in applied sciences and medicine. This status is due to thecritical importance of commercial transactions in the wealth generation andproductivity prospects of contemporary Muslim countries. New researchon issues of conventional fiqh al mu'amalat is essential for the viability andsuccess of economic development programs in Muslim countries. In recentdecades, research interest in fiqh al mu'amalat has been shifting increasinglyto specific themes and development of new operative formulas tostimulate profitable business in the marketplace. Evidently, futures tradingis one such theme where original ijtihad is required to enhance theprospects of economic success, especially in farming and agro-based industriesin developing Muslim countries.The futures market is where contracts for future sale and purchase canbe concluded for standardized quantities and qualities of commodities, currencies,bonds, and stocks. Ever since the large-scale inception of futuresmarkets in the early 1970s, new products and trading formulas in varioustrade sectors involving commodities, options, financial futures, and stockindex futures, among others, have increased so much that futures contractscurrently are available in over eighty commodities, ranging from foodgrains, oil and oil seeds, sugar, coffee, livestock, eggs, orange juice, cotton,rubber, precious metals, and currencies. In terms of volume, futures tradinghas far exceeded trading levels in conventional stocks and, currently, is thesingle most voluminous mode of commerce on the global scale ...
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Dissertations / Theses on the topic "Islamic law (Fiqh)"

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Oraibi, Ali. "Derivation in usul al-fiqh." Thesis, McGill University, 1988. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=44139.

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This is an attempt to investigate the linguistic question ofderivation in usul ahfiqh (legal theory). Being treated in various linguistic disciplines, especially grammar, the subject matter is studied in light of these disciplines in order to expound the unique contribution of usulists to it. The present study explores the chronological evolution of the subject and presents "derivation" as one example of the methodology applied by usulists to linguistic issues.
Le present essai se veut le fruit d'une recherche sur la derivation: question linguistique mise en rapport avec le domaine suivant: usul ahfiqh (theorie legale). Le sujet, traite dans differentes disciplines, specialement la grammaire, est etudie a la lumiere de ces disciplines afin d'extraire la contribution particuliere qu" y ont apportee les usulistes. Notre etude retrace done revolution chronologique du sujet et presente la "derivation" comme un exemple de la ethodologie mise en practique par les usulistes en matieres linguistiques. fr
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Shah, Amjad Hussain. "The concept of Ijmāʻ in Imāmī Shīʻī Uṣūl Al-Fiqh." Thesis, University of Edinburgh, 2004. http://hdl.handle.net/1842/9428.

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The thesis examines the development of the concept of Ijmāʻ, consensus, in Imāmī-Shīʻī principles of jurisprudence (uṣūl al-fiqh). In the introduction to the thesis there is an analysis of the concept of Ijmāʻ as generally understood in Islamic jurisprudence and a discussion of the approach adopted in the thesis as well as a general outline of the literature involved. The introduction also outlines the background to Imāmī Shīʻī jurisprudence during the time of the presence of the Imāms and the period immediately after the greater occultation of the Twelfth Imām. The main body of the thesis analyses the available major texts written by Imāmī-Shīʻī Uṣūli scholars from the time of al-Shaykh al-Mufid (413/1022) to the end of the nineteenth century with a brief discussion of the views of some recent Imāmī Shīʻī scholars. From the outset a difference of emphasis can be observed between scholars who argue in favour of a major role for reason, such as al-Sharīf al-Murtaḍā (436/1044) and those in favour of a greater reliance on Traditions from the Prophet and the Imāms, which is moderately represented by al-Shaykh al-Ṭūsī (459/1067). The subsequent generations of scholars refined and further defined these concepts. In particular, in opposition to the movement in favour of general adherence to the Traditions, there arose from the proponents of the use of uṣūl al-fiqh a definition which gave much greater scope to the use of reason and the continuing guidance of the Twelfth Imām. The latter proposition reached its final form in Imām-Shīʻī uṣūl al-fiqh at the end of the nineteenth century in Kifayat al-uṣūl by Muḥammad Kāẓim al-Khurāsānī. Finally, there is a brief examination of the work of some recent scholars and a conclusion to the thesis.
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Naji, Alaa A. "Islamic Fiqh and the contract of international carriage of passengers by air." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33056.

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GOD says in the Holy Qur'aan "O' people, I have created you from a single pair of a male and a female, and made you into nations and tribes that ye may know each other. Verily the most honored of you in the sight of GOD is the most righteous of you..." (Holy Qur'aan, 49:13).
This thesis is laid down in accordance with GOD's order to connect civilizations with each other and to benefit from each other's experience and knowledge toward a much better future for humanity.
The thesis tries to reflect upon the opinions of Islamic Fiqh with regard to the contract of international carriage of passengers by air and e-ticketing in a manner that is understandable to both Fiqh oriented and Western Law oriented readers. Therefore, it has been designed to include three major Parts where the first introduces the Western Law oriented reader to Islamic Fiqh. The Second Part introduces the Fiqh Oriented reader to the world of tickets and travel documents. Finally, the third chapter concentrates on the issue of electronic ticketing. (Abstract shortened by UMI.)
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Al-Ghazawi, Loai Azmi. "The legal status of Jerusalem in Islamic Fiqh (jurisprudence) and international law." Thesis, Glasgow Caledonian University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340613.

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Ḥamawī, Usāmah Būṭī Muḥammad Saʻīd Ramaḍān. "Naẓarīyat al-istiḥsān risālah fī uṣūl al-fiqh uʻiddat li-nayl darajat al-Mājistīr min Kullīyat al-Sharīʻah bi-Jāmiʻat Dimashq /." Bayrūt ; Dimashq : Dār al-Khayr, 1992. http://books.google.com/books?id=WwTYAAAAMAAJ.

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Ḥarrāq, al-ʻAlamī. "al-Tawthīq al-ʻadlī bayna al-fiqh al-Mālikī wa-al-taqnīn al-Maghribī wa-taṭbīqātuhu fī mudawwanat al-usrah." al-Rabāṭ : Dār al-Salām, 2005. http://catalog.hathitrust.org/api/volumes/oclc/191871567.html.

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Alsoufi, Rana Hajaj Ahmaid. "Strategies for the justifications of Ḥudūd Allah and their punishments in the Islamic tradition." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/7989.

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The punishments of Islamic criminal law and in particular, the notoriously severe ḥadd punishments, were never systematically justified in classical Islamic jurisprudence (fiqh). However, the fiqh tradition is ripe with debates about ḥadd punishments, and theories of justification, while not fully spelt out, are often implied in the writings of Muslim jurists. In Part I of this thesis, three fiqh strategies for the justification of ḥadd punishments are described and critically evaluated: one that seeks to characterize the ḥadd punishments as divinely ordained, immutable “rights of God” (ch. 1), one that describes the purpose of ḥadd punishments as serving general as well as individual prevention (ch. 2), and one that stresses that to suffer ḥadd is an expiatory act that amends for sins and thus ensures salvation in the Hereafter (ch. 3). The Sunnī legal schools (madhāhib), salient representatives of which are studied in this dissertation, controversially discussed the meaning and purpose of ḥadd punishments in the context of each of these three fiqh discourses. Part II of this thesis proceeds to describe and discuss contemporary Muslim debates about the applicability and justifiability of ḥadd punishments today. While only few Islamic regimes currently implement ḥadd, the topic has a large symbolical importance because it exemplifies the struggle of Muslim thinkers to reconcile Islam with modernity. In a first step, this thesis aims to clarify to what extent contemporary positions echo, attack or simply sidestep classical fiqh positions: how, in other words, the present is connected to the traditional fiqh framework of the past (ch. 4). In a concluding chapter, a number of salient topics of debate in the contemporary ḥadd controversy are analysed within the cultural and political contexts in which they are located (ch. 5). While classical legal doctrines about ḥadd punishments, despite the controversies between the madhāhib, tend to be rigid, emphasizing the immutable character of the criminal law norms found in the Sharīʻah, the periodic calls among contemporary thinkers for the implementation of ḥadd are, it is suggested, largely driven by political agendas.
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Ramic, Sukri Husayn. "Linguistic principles in Usul al-fiqh and their effect on legal reasoning in Islamic law." Thesis, University of Wales Trinity Saint David, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504414.

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This present study deals with the linguistic principles that are used in the process of legal reasoning in Islamic law. These linguistic principles represent an important branch of the science of usu1 al-fiqh on its part represents the theoretical basis for the Shari ah and indisputable foundations upon which the whole structure of Islamic law is built. It is a unique study in the sense that no similar work, as far as we know, is available and its comparative and analytical approach has not been presented before. This study is divided into four parts. The first part deals with the linguistic principles that are related to the methods of textual indication on legal rulings. In this part these principles have been analysed according to both the Hanafi and the Shäfi'i approach. In the second part this study deals with linguistic principles which are related to clarity and ambiguity of words. It is a comparative study of the Hanafi and the Shdfi'i approach to this issue. The third part highlights the generality and specific qualities of words, and the fourth part analyses the possibility of interpretation of authoritative texts not according to their obvious meanings (ta'wi7). In general this is a comparative study of the methodology of interpretation of authoritative texts in Islamic law presented through the study of the linguistic principles in usül al-fiqh and their effect on legal reasoning in Islamic law.
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al-Haddad, Haitham. "A critical analysis of selected aspects of Sunni Muslim minority fiqh, with particular reference to contemporary Britain." Thesis, SOAS, University of London, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.680163.

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Moosavinia, Haamed. "The relations between human rights ans islamic rights in domains of private law (with a critical view of Iran law ans Shia religious Rights)." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3020.

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Dans les deux siècles précedents, avec l’accélération des progrès scientifiques de l’homme, le droit tel d’autres domaines scientifiques a eu des évolutions et progrès. Une d’entre celles est le progrès considérable du droit de l’Homme en tant qu’une branche de droit. Tant qu’il semble dans plusieurs sociétés la déclaration des droits de l’Homme et ses enseignements se sont remplacé au lieu sublime et respectable des enseignements religieux et des textes divins. Dans telles situations il est évident dans les cas où il y a une contradiction entre les enseignements religieux et celles du droit de l’Homme cela produit des litiges et des conflits entre eux. En étudiant les matières litigieuses éventuelles entre les principes du droit de l’Homme et les enseignements et instructions religieuses, notamment le figh chiite, dans le domaine du droit privé et l’étude des lois de la république islamique d’Iran - connu comme un gouvernement religieux qui conforme son droit avec le figh chiite - dans ce domaine il semble que les contradiction existant dans les plusieurs cas n’est pas le résultat inévitable et sûr de la croyance solide à la religion et à l’école (chiite) mais seulement il est la répercussion d’une façon de vue spéciale er des interprétations radicales des enseignements religieux
In the last two centuries, the science of law as well as other scientific disciplines has made significant developments. One of them is the recognition of human rights. Undoubtedly, today human rights issue is considered as one of the main concerns of the international legal community. As far as it seems in many communities, Universal Declaration of Human Rights and human rights teaching, replaced some scriptures and religious teachings which had high status and respectful position in the past. Considering this reality, it is obvious that dispute and conflict occurs between the activists of the two domains!. By studying the possible conflicts between human rights principles and Shiite religious teachings (One of the Islamic schools) in the area of private law, and the study of the internal laws of the Islamic Republic of Iran- As a theocracy which approved and set its rules in accordance and comply with the Shia principles - In this field, it seems that the existing conflicts in many cases, is not the inevitable result of belief in Islam and adherence and obligation to the Shia principles, but as a result of a specific look and a radical interpretation of religious teachings
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Books on the topic "Islamic law (Fiqh)"

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al-Muqaddimah fī fiqh al-ʻaṣr: Al-fiqh al-waẓīfī, al-fiqh al-ṭibbī, fiqh al-daʻwah, fiqh al-aqalliyāt, fiqh al-dawlah, fiqh al-māl al-ʻāmm, fiqh al-samaʻ wa-al-ṭāʻah, fiqh al-muʼassasah al-ʻaskarīyah wa-al-amnīyah, fiqh al-muʼassasah al-taʻlīmīyah wa-al-tarbawīyah ... Ṣanʻāʼ: al-Jīl al-Jadīd Nāshirūn, 2014.

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Fiqh al-sharikah. Bayrūt: Dār al-Malāk, 2002.

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Lokakarya Menggagas Fiqih Lingkungan (2004 Sukabumi, Jawa Barat, Indonesia). Fiqih lingkungan =: Fiqh al-bi'ah. Edited by Muhammad Ahsin Sakho. 2nd ed. Kemang, Jakarta, Indonesia: Conservation International Indonesia, 2006.

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Nimr, ʻAbd al-Munʻim Aḥmad. ʻIlm al-fiqh. [Baghdad]: al-Jumhūrīyah al-ʻIrāqīyah, Wizārat al-Awqāf wa-al-Shuʼūn al-Dīnīyah, 1990.

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Bakr ibn ʻAbd Allāh Abū Zayd. Fiqh of current issues =: Fiqh al-nawāzil. Riyadh: Wathika Translation Center, 2002.

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Bakr ibn ʻAbd Allāh Abū Zayd. Fiqh of current issues =: Fiqh al-nawāzil. Riyadh: Wathika Translation Center, 2002.

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Bakr ibn ʻAbd Allāh Abū Zayd. Fiqh of current issues =: Fiqh al-nawāzil. Riyadh: Wathika Translation Center, 2002.

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Jumʻah, Muḥammad Mukhtār. Fiqh al-dawlah wa-fiqh al-jamāʻah. al-Qāhirah: Wizārat al-Awqāf, 2019.

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Mardani. Fiqh ekonomi syariah: Fiqh muamalah. Rawamangun, Jakarta: Kencana, 2012.

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ʻĪsāwī, Maḥmūd Khalaf Jarād. Fiqh al-sarāyā. ʻAmmān: Dār ʻAmmār, 2000.

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Book chapters on the topic "Islamic law (Fiqh)"

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Yakar, Emine Enise. "The Fiqh Council of North America." In Islamic Law and Society, 123–70. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003037637-4.

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Hassan, Said Fares. "Fiqh al-aqalliyyāt and Muslim minorities in the West." In Routledge Handbook of Islamic Law, 313–23. New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781315753881-20.

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Sahin, Abdullah. "Islam, Social Work and Common Good in the Muslim Minority Context of Europe: Rethinking Shariʿa as Relational Ethics." In Exploring Islamic Social Work, 179–200. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-95880-0_11.

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AbstractThis chapter explores the interface between Islam, social work and the common good within the Muslim minority context of Europe. The ethics-law nexus in Muslim tradition is examined to argue for a transformative Islamic engagement with the secular public space. Literature on Islam and social work is limited to providing basic information about Islam to frontline practitioners. The current inquiry intends to develop an Islamic perspective on social work and wellbeing. Increasing association of Muslims with extremism form negative public perceptions of Islam in Europe. Within this discourse of suspicion, Islam is coded as a cause of public harm and ‘Shariʿa law’ is often associated with human rights violations. This study argues that a critical dialogue among the faith-embedded and secular traditions of social ethics in Europe remains vital to fostering a shared sense of common good. Contemporary discussions on social ethics in Islam are dominated by maqāṣid ash-sharī ʿa (objectives of Islamic law) and fiqh al-ʿaqalliyyāt (Muslim minority law). Whilst the former is purported to be a metaethical discourse and the latter implying a contextualising intent, both operate within strict juristic hermeneutics. Alternatively, this inquiry rethinks Shariʿa as relational ethics and practical wisdom (ḥikma), closer to the concept of phronesis in ancient Greek philosophy, guiding human relations as imagined in Qurʾanic anthropology and its vision of a just society. Shariʿa is framed within Islam’s transformative view of human flourishing, tarbiyya. The notion of relational ethics is further grounded in dialogue with phenomenology-informed discussions on ethics, particularly in the work of Levinas, and Habermas’s ‘theory of communicative action’.
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Jonathan G, Ercanbrack. "The Role of Intent (Niyya)." In Islamic Contract Law. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780192893796.003.0005.

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This chapter discusses the role of intent, which defines the will to be directed towards an act for a specific purpose. The primary means of discovering intent include manifesting signs and forms of legal expression, such as through individuals’ speech acts and writings. Moreover, the intent (nīyya) is a fundamental concept of the whole Islamic religious law, be it concerned with worship or with the law in the narrow sense, which is also indicated by the opening placement of a ḥadīth in the authoritative ḥadīth compendium of al-Bukharī. The chapter tackles the role of intent in the Fiqh of Worship, which is also known as al-ʿabādāt. It explains that the law of social transactions (fiqh al-muʿamalāt) constitutes the rule that regulates civil actions unlike the actions directed to the worship of God.
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Baderin, Mashood A. "10. The future of Islamic law." In Islamic Law: A Very Short Introduction, 132–36. Oxford University Press, 2021. http://dx.doi.org/10.1093/actrade/9780199665594.003.0010.

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‘The future of Islamic law’ assesses the future of Islamic law. Owing to the influence of modern state structures and modern modes of law-making, the form and application of Islamic law as part of state law today is not based strictly on direct reference to classical fiqh manuals, but indirectly through state legislation in the form of codified statutes. Codification raises two questions concerning the future of Islamic law. The first question relates to form, while the second relates to content. One aspect of classical fiqh that may be affected by codified Islamic law is the flexibility of ikhtilāf (differences of juristic opinion), as the codified fiqh becomes the applicable law.
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Baldwin, James E. "Government authority, the interpretation of fiqh, and the production of applied law." In Islamic Law and Empire in Ottoman Cairo. Edinburgh University Press, 2017. http://dx.doi.org/10.3366/edinburgh/9781474403092.003.0005.

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Chapter 4 explores the ways in which the Ottoman executive authorities attempted to influence and control the legal doctrines, drawn from fiqh, that were used in Cairo’s courts. Although the government could not produce fiqh, which was the domain of scholars, the authorities could shape applied law by intervening in the reading of fiqh, and instructing judges to favor particular doctrines from within the fiqh tradition. The chapter focuses in particular on one site where this occurred, Cairo’s madhhab pluralism, showing that the Ottoman authorities attempted to privilege Ḥanafī doctrines at several points, but often faced resistance from Egyptian scholars. As examples of this Ḥanafizing process, the chapter focuses on the issues of judicial divorce (faskh) and long-term rental contracts (al-ijāra al-ṭawīla). More broadly, the chapter argues that regardless of the debates about ijtihād and taqlīḍ, change in applied law was possible in pre-modern Islamic societies without doctrinal innovation, through manipulation of the diversity within the vast accumulated body of fiqh.
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"King’s Law as Complement and Competitor to Fiqh." In Islamic Law and Legal System, 169–221. BRILL, 2000. http://dx.doi.org/10.1163/9789047400165_009.

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Kamali, Mohammad Hashim. "Ḥudūd in the Qur’an, Sunnah, and Fiqh." In Crime and Punishment in Islamic Law, 21–59. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190910648.003.0003.

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This chapter explores the hypothesis that the juristic concept of ḥadd and ḥudūd in the fiqh expositions differ from what they mean in the Qur’an. Some contend that the rigidities attendant in the juristic doctrines are not Qur’anic. The chapter is presented in five sections, discussing ḥudūd in the Qur’an, the Sunnah, and fiqh. It is stated at the outset that nowhere has the Qur’an used ḥudūd in the sense of punishment, fixed or otherwise. Two other sections that follow discuss the role of repentance and remorse in ḥudūd.
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"Sins, Expiation and Non-rationality in Ḥanafī and Shāfiʿī fiqh." In Islamic Law in Theory, 143–75. BRILL, 2014. http://dx.doi.org/10.1163/9789004265196_008.

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"Is There Something Postmodern about Uṣūl Al-Fiqh? Ijmāʿ, Constraint, and Interpretive Communities." In Islamic Law in Theory, 283–315. BRILL, 2014. http://dx.doi.org/10.1163/9789004265196_013.

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Conference papers on the topic "Islamic law (Fiqh)"

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Идрисов, Хусейн Вахаевич. "ON THE CONCEPT OF FIQH AND RESPONSIBILITY IN THE SYSTEM OF MUSLIM LAW." In Высокие технологии и инновации в науке: сборник избранных статей Международной научной конференции (Санкт-Петербург, Март 2021). Crossref, 2021. http://dx.doi.org/10.37539/vt190.2021.79.17.011.

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Статья посвящена правовой характеристике фикха и ответственности в мусульманской системе права. Перечислены этапы возникновения и развития фикха. В статье выявляется трехуровневая система наказаний по мусульманскому праву, элементами которой являются такие виды наказаний как: «худуд», «кисас» и «тазир». В заключении работы формулируется вывод о том, что фикх представляет из себя совокупность теоретических знаний об исламской вере и ее практических положений правоприменения (Шариат) на основе норм главных источников мусульманской системы права - Священного Корана и Сунны Пророка Мухаммада (да благословит его Аллах и приветствует). The article is devoted to the legal characteristics of fiqh and responsibility in the Muslim legal system. The stages of the origin and development of fiqh are listed. The article reveals a three-level system of punishments under Muslim law, the elements of which are such types of punishments as: "Hudud", "qisas" and "tazir". In conclusion, the article concludes that fiqh is characterized as a set of theoretical knowledge about the Islamic faith and its practical provisions of law enforcement (Sharia) based on the norms of the main sources of the Muslim legal system - the Holy Qur'an and the Sunnah of the Prophet Muhammad (peace and blessings of Allaah be upon him).
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Zaelani, Abdul Qodir, Khairuddin, and Rudi Santoso. "Understanding Civil Society Through the Perspective of Ushul Fiqh (Basic Principle in Islamic Law)." In 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201113.012.

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Fadhilah, Iman. "Applicating Hermeneutica on Women Islamic Law (Study on Khaled Abou el Fadl Thought on Women Fiqh in CRLO Fatwa)." In Proceedings of the 3rd Annual International Seminar and Conference on Global Issues (ISCoGI 2017). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/iscogi-17.2019.20.

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Reports on the topic "Islamic law (Fiqh)"

1

HEFNER, Robert. IHSAN ETHICS AND POLITICAL REVITALIZATION Appreciating Muqtedar Khan’s Islam and Good Governance. IIIT, October 2020. http://dx.doi.org/10.47816/01.001.20.

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Ours is an age of pervasive political turbulence, and the scale of the challenge requires new thinking on politics as well as public ethics for our world. In Western countries, the specter of Islamophobia, alt-right populism, along with racialized violence has shaken public confidence in long-secure assumptions rooted in democracy, diversity, and citizenship. The tragic denouement of so many of the Arab uprisings together with the ascendance of apocalyptic extremists like Daesh and Boko Haram have caused an even greater sense of alarm in large parts of the Muslim-majority world. It is against this backdrop that M.A. Muqtedar Khan has written a book of breathtaking range and ethical beauty. The author explores the history and sociology of the Muslim world, both classic and contemporary. He does so, however, not merely to chronicle the phases of its development, but to explore just why the message of compassion, mercy, and ethical beauty so prominent in the Quran and Sunna of the Prophet came over time to be displaced by a narrow legalism that emphasized jurisprudence, punishment, and social control. In the modern era, Western Orientalists and Islamists alike have pushed the juridification and interpretive reification of Islamic ethical traditions even further. Each group has asserted that the essence of Islam lies in jurisprudence (fiqh), and both have tended to imagine this legal heritage on the model of Western positive law, according to which law is authorized, codified, and enforced by a leviathan state. “Reification of Shariah and equating of Islam and Shariah has a rather emaciating effect on Islam,” Khan rightly argues. It leads its proponents to overlook “the depth and heights of Islamic faith, mysticism, philosophy or even emotions such as divine love (Muhabba)” (13). As the sociologist of Islamic law, Sami Zubaida, has similarly observed, in all these developments one sees evidence, not of a traditionalist reassertion of Muslim values, but a “triumph of Western models” of religion and state (Zubaida 2003:135). To counteract these impoverishing trends, Khan presents a far-reaching analysis that “seeks to move away from the now failed vision of Islamic states without demanding radical secularization” (2). He does so by positioning himself squarely within the ethical and mystical legacy of the Qur’an and traditions of the Prophet. As the book’s title makes clear, the key to this effort of religious recovery is “the cosmology of Ihsan and the worldview of Al-Tasawwuf, the science of Islamic mysticism” (1-2). For Islamist activists whose models of Islam have more to do with contemporary identity politics than a deep reading of Islamic traditions, Khan’s foregrounding of Ihsan may seem unfamiliar or baffling. But one of the many achievements of this book is the skill with which it plumbs the depth of scripture, classical commentaries, and tasawwuf practices to recover and confirm the ethic that lies at their heart. “The Quran promises that God is with those who do beautiful things,” the author reminds us (Khan 2019:1). The concept of Ihsan appears 191 times in 175 verses in the Quran (110). The concept is given its richest elaboration, Khan explains, in the famous hadith of the Angel Gabriel. This tradition recounts that when Gabriel appeared before the Prophet he asked, “What is Ihsan?” Both Gabriel’s question and the Prophet’s response make clear that Ihsan is an ideal at the center of the Qur’an and Sunna of the Prophet, and that it enjoins “perfection, goodness, to better, to do beautiful things and to do righteous deeds” (3). It is this cosmological ethic that Khan argues must be restored and implemented “to develop a political philosophy … that emphasizes love over law” (2). In its expansive exploration of Islamic ethics and civilization, Khan’s Islam and Good Governance will remind some readers of the late Shahab Ahmed’s remarkable book, What is Islam? The Importance of Being Islamic (Ahmed 2016). Both are works of impressive range and spiritual depth. But whereas Ahmed stood in the humanities wing of Islamic studies, Khan is an intellectual polymath who moves easily across the Islamic sciences, social theory, and comparative politics. He brings the full weight of his effort to conclusion with policy recommendations for how “to combine Sufism with political theory” (6), and to do so in a way that recommends specific “Islamic principles that encourage good governance, and politics in pursuit of goodness” (8).
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