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Islamic Law and Legal Change: The Concept of Maslaha in Classical and Contemporary Legal Theory. Vol. Shari'a: Islamic Law in the Contemporary Context (Kindle ed.). Stanford University Press. Rabb, Intisar A. (2009). "Law. Civil Law & Courts". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press.
Nyazee argues firstly, that due to its unique set of principles of interpretation, each school of Islamic law represents a theory of law unto itself. Secondly, he points out that Istiḥsān cannot be understood without understanding of the workings of qiyās. It is, therefore, difficult to accept that there was no system of interpretation ...
Although most classical-era jurists recognized maslaha and maqasid as important legal principles, they held different views regarding the role they should play in Islamic law. [3] Some jurists viewed them as auxiliary rationales constrained by scriptural sources ( Quran and hadith ) and qiyas (analogical reasoning).
The Risāla by al-Shafi'i (d. 820), full title Kitab ar-Risāla fī Uṣūl al-Fiqh (Arabic: كتاب الرسالة في أصول الفقه, "The Book of the Treatise on the Principles of Jurisprudence"), is a seminal text on the principles of Islamic jurisprudence. The word risāla in Arabic means a "message" or "letter".
Various sources of Islamic Laws are used by Islamic jurisprudence to elaborate the body of Islamic law. [1] In Sunni Islam, the scriptural sources of traditional jurisprudence are the Holy Qur'an, believed by Muslims to be the direct and unaltered word of God, and the Sunnah, consisting of words and actions attributed to the Islamic prophet Muhammad in the hadith literature.
Maslaha or maslahah (Arabic: مصلحة, lit. ' public interest ') is a concept in Sharia (Islamic divine law) regarded as a basis of law. [1] It forms a part of extended methodological principles of Islamic jurisprudence (uṣūl al-fiqh) and denotes prohibition or permission of something, according to necessity and particular circumstances, on the basis of whether it serves the public ...
Masjid-e Rashid, Darul Uloom Deoband. Fiqh is a term used in Islamic jurisprudence to refer to the understanding and application of Islamic law. [1] It is the process of understanding and interpreting the sources of Islamic law, which include the Quran, Sunnah (the actions and sayings of Muhammad), the consensus of the scholars (), and analogical reasoning (), in order to derive legal rulings ...
Al-Burhan Fi Usul al-Fiqh (Arabic: البرهان في أصول الفقه) or The Proof in the Principles of Jurisprudence is a 12th-century treatise written by Imam al-Haramayn al-Juwayni the leading legal theorist of his time. [1] A highly celebrated work of Al-Juwayni on Usul Al-Fiqh. It is regarded as one of the four pillars of the field ...