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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.
A copy of the Qur'an, one of the primary sources of Sharia. The Qur'an is the first and most important source of Islamic law. Believed to be the direct word of God as revealed to Muhammad through angel Gabriel in Mecca and Medina, the scripture specifies the moral, philosophical, social, political and economic basis on which a society should be constructed.
Some Western scholars suppose that Al-Shāfi'ī was the founder of Islamic legal theory and prior to his work, the Shafi'i theory, called uṣūl al-fikh or the 'common classical theory', Islamic law was based on personal opinion, that is, ra'y and Umayyad practice.
Islamic law did not recognize the classes of slave from pre-Islamic Arabia including those sold or given into slavery by themselves and others, and those indebted into slavery. [43] A well-known prophetic tradition has severely chastised those who enslave free people for monetary gain. [ 44 ]
In Islamic Law, tazir (ta'zeer or ta'zir, Arabic: تعزير, romanized: taʿzīr) lit. scolding; refers to punishment for offenses at the discretion of the judge or ruler of the state. [1] It is one of three major types of punishments or sanctions under Islamic law, Sharia — hadd , qisas / diyya and ta'zir . [ 2 ]
It was submitted by Mr. Yusuf Muchala, senior advocate, appearing for the All-India Muslim Personal Law Board and also by the advocate of the Jamiat Ulema Hind that the Sarla Mudgal Judgment would render the status of the second wife as that of a concubine and children born of that wedlock as illegitimate to this the Honb’le judges have held ...
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 ...
In Islamic jurisprudence, qiyas (Arabic: قياس, qiyās, lit. ' analogy ') is the process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quran, in order to apply a known injunction to a new circumstance and create a new injunction.