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Theories of Islamic Law
The main main purpose of the book was to counter the rather simplistic view of the discipline of usul al-fiqh that it represents a single uniform theory, called the classical theory. The view presented in this book was that there is no uniform single legal theory in Islam. The view of a uniform theory was held not only by the Orientalists, but many Muslim scholars as well. The view did not do justice to Islamic jurisprudence for it overlooked the rich diversity found in the Islamic legl system. Instead of one, the book shows, there are at least three legal theories, each of which has been explained by the author in some detail and with remarkable lucidity. Each of these theories has played a...
Islamic Jurisprudence - 3rd Edition
Islamic jurisprudence or usul al-fiqh provides the foundation for any meaningful study of Islamic law. The present book has been in the field for more than a decade and has received a positive response from many quarters. It is used as a textbook in a number of university courses. Over the years, however, students have shown an eagerness to know more. They have raised many questions whose answers the book did not provide. A catalogue of the questions asked, and those not asked, gave rise to the need to revise the book. The present, third, edition of the book has, therefore, been revised and three chapters at the end have been completely rewritten.
Islamic Law of Business Organization Partnerships
The author attempts to spell out the Islamic principles on which business enterprise should be based specially in the area of partnership. He displays a strikingly acute awareness of Islamic laws on the subject, matched by an equally striking awareness of the forms of business organization in vogue in the contemporary world. The work represents a serious scholarly effort to sort out complicated questions such as those mentioned above, to enunciate Islamic principles relative to business enterprise, and to apply them in the changed context of present-day business.
Outlines of Islamic Jurisprudence
Outlines of Islamic jurisprudence covers a number of topics of usul al-fiqh, sometimes in abridged form, that have been covered in the title on the subject of Islamic Jurisprudence by the same author. The significance of this book can only be understood through a comparison with that book. Islamic jurisprudence focuses on the discipline of usul al-fiqh and deals with it in an exhaustive way. It, thus, covers the different aspects of interpretation and theories of Islamic law. The present book includes some of the topics covered in that book. The bulk of Outlines of Islamic Jurisprudence, however, summarizes the entire law of Islam presenting it in a concise yet effective way. Property, contr...
Islamic Legal Maxims
This book is about qawa`id fiqhiyyah, which are sometimes referred to as legal maxims. In reality, the qawa`id play a much wider and more effective role as compared to legal maxims. Islamic law is all about principles and rules; it has been so from the day of its birth. The reason is that principles and rules were laid down by the Qur'an and the Sunnah. The relationship between the disciplines of usul al-fiqh and qawa`id fiqhiyyah is like the relationship between the two arms of the human body; they cooperate with each other to yield the rules of fiqh. This vital relationship has been kept concealed by separating the two disciplines and by severing the bond between them. This book attempts to uncover this relationship, and to restore the bond. Understanding this relationship will enhance understanding of the discipline of usul al-fiqh as well.
The Concept of Riba and Islamic Banking
Riba (Usury), call it bank-interest if you like, is prohibited by the texts of the Qur'an and the Sunnah. This was the conclusion drawn unanimously by the Muslim jurists (fuqaha'); and it is also the decisive view of the vast majority of modern Muslim scholars. Despite this general agreement, a confusion persists in the minds of many, jurists and laymen alike, that even though some forms of interest are prohibited, the simple interest charged by banks may not be prohibited by Islamic law. What is the reason for such a doubt? Why do some uphold prohibition with conviction, while others do not? This book attempts to elaborate the foundations on this prohibition is based, and in doing so removes some of the persistent disagreements.The explanations provided are based upon the works of the earlierjurists so that the discussion is undertaken in a detached manner.
Al-Hidayah
The Hidayah has dominated the field of Islamic jurisprudence since the day it was written over 800 years ago. It has been the primary text used by Muslim jurists to issue authentic and reliable rulings on Islamic law according to the school of Imam Abu Hanifah (d.150AH/767CE). The Hidayah commands such an authoritative position amongst the doctors of law that the knowledge of a scholar who has not read it is not considered reliable. Around 70 huge commentaries, some spread over more than a dozen volumes, have been written on it. The number of explanatory glosses is in the thousands. Comprehensive in content and conveniently organized, with the publication of this book all previous works that discussed Islamic jurisprudence according to Hanafi law became outmoded and soon fell into disuse. If revealed books are not taken into account, never has a book received so much attention as the Hidayah. This landmark publication of The Hidayah not only has been translated in its entirety for the first time but has been done so from Arabic, the language in which it was written.
Al-Hidayah
The Hidayah has dominated the field of Islamic jurisprudence since the day it was written over 800 years ago. It has been the primary text used by Muslim jurists to issue authentic and reliable rulings on Islamic law according to the school of Imam Abu Hanifah (d.150AH/767CE). The Hidayah commands such an authoritative position amongst the doctors of law that the knowledge of a scholar who has not read it is not considered reliable. Around 70 huge commentaries, some spread over more than a dozen volumes, have been written on it. The number of explanatory glosses is in the thousands. Comprehensive in content and conveniently organized, with the publication of this book all previous works that discussed Islamic jurisprudence according to Hanafi law became outmoded and soon fell into disuse. If revealed books are not taken into account, never has a book received so much attention as the Hidayah. This landmark publication of The Hidayah not only has been translated in its entirety for the first time but has been done so from Arabic, the language in which it was written.
Outlines of Muslim Personal Law
This small book is exactly what the title says it is: an outline. It is meant as a convenient handbook for the student. A more detailed ``code'' is being written to meet the needs of lawyers and researchers, and will hopefully be published soon. The purpose of this small book is to lay down the traditional law of Islam first, especially the law of the Hanafi school, and then to identify the points on which this law has been altered by statute or by case law. The purpose is not to identify the law first and then to fill the gaps with traditional law, which is what is done for the common law. On a few occasions, this outline differs from the position taken by other publications, especially Mul...
