Legal Maxims In Islamic Criminal Law Theory And Applications

Author : Luqman Zakariyah
Publisher : BRILL
ISBN 13 : 9004304878
Total Pages : 247 pages
Book Rating : 4.71/5 ( download)

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Download or read book Legal Maxims in Islamic Criminal Law: Theory and Applications written by Luqman Zakariyah and published by BRILL. This book was released on 2015-10-22 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally.

Author : Necmettin Kızılkaya
Publisher : BRILL
ISBN 13 : 900444467X
Total Pages : 324 pages
Book Rating : 4.76/5 ( download)

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Download or read book Legal Maxims in Islamic Law written by Necmettin Kızılkaya and published by BRILL. This book was released on 2021-03-15 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses the legal maxims from a conceptual and historical point of view and gives a broad overview of the application of legal maxims in substantive law manuals as well as some other sub-genres.

Author : Intisar A. Rabb
Publisher :
ISBN 13 : 9781316212059
Total Pages : 414 pages
Book Rating : 4.5X/5 ( download)

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Download or read book Doubt in Islamic Law written by Intisar A. Rabb and published by . This book was released on 2015 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam's unique concept of doubt, which evolved from the seventh to the sixteenth century.

Author : Intisar A. Rabb
Publisher : Cambridge University Press
ISBN 13 : 1107080991
Total Pages : 431 pages
Book Rating : 4.97/5 ( download)

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Download or read book Doubt in Islamic Law written by Intisar A. Rabb and published by Cambridge University Press. This book was released on 2015 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.

Author : Imran Ahsan Khan Nyazee
Publisher : Lulu.com
ISBN 13 : 0359883214
Total Pages : 363 pages
Book Rating : 4.19/5 ( download)

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Download or read book Islamic Legal Maxims written by Imran Ahsan Khan Nyazee and published by Lulu.com. This book was released on with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Rudolph Peters
Publisher : BRILL
ISBN 13 : 9004420622
Total Pages : 726 pages
Book Rating : 4.25/5 ( download)

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Download or read book Shariʿa, Justice and Legal Order written by Rudolph Peters and published by BRILL. This book was released on 2020-08-03 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays by Rudolph Peters is about legal practice, both Shariʿa and state law. Its principal themes are legal order and the actual application of law in the Ottoman and more recent periods

Author : MashoodA. Baderin
Publisher : Routledge
ISBN 13 : 1351561944
Total Pages : 694 pages
Book Rating : 4.45/5 ( download)

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Download or read book Issues in Islamic Law written by MashoodA. Baderin and published by Routledge. This book was released on 2017-07-05 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic substantive law, otherwise called branches of the law (furu al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process ofcultivation (istithmar), whereby the qualified jurist (mujtahid), as thecultivator uses relevant rules of legal theory to harvest the substantive law on specific issues in form offruits (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.

Author : Tahir Wasti
Publisher : BRILL
ISBN 13 : 9047425723
Total Pages : 428 pages
Book Rating : 4.24/5 ( download)

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Download or read book The Application of Islamic Criminal Law in Pakistan written by Tahir Wasti and published by BRILL. This book was released on 2009-02-28 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.

Author : Rudolph Peters
Publisher : Cambridge University Press
ISBN 13 : 9780521792264
Total Pages : 242 pages
Book Rating : 4.66/5 ( download)

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Download or read book Crime and Punishment in Islamic Law written by Rudolph Peters and published by Cambridge University Press. This book was released on 2005 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.

Author : Abdul Baki As-Safi
Publisher : Al Manhal
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.66/5 ( download)

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Download or read book Islamic Jurisprudential Maxims : 114 Maxims Expounded written by Abdul Baki As-Safi and published by Al Manhal. This book was released on 2012-01-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: jurisprudential maxims play a vital role in the Islamic way of life, serve as a source for legislation and regulate daily transactions. This book expounds and renders 114 maxims into English. It also furnishes a theoratical perspective of religio-legal translation and sheds light on distinctions among related terms, namely: Juurisprudential maxims, fundamentalistic maxims and Jurisprudential canons.