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. Included in this examination are the following maxims:
al-Umūr bi-Maqāṣidihā ("Matters shall be Judged by their Objectives");
al-Yaqīn lā Yazūl bi-sh-Shakk ("Certainty Cannot be Overruled by Doubt");
al-Mashaqqa Tajlib at-Taysīr ("Hardship begets Facility");
Lā Ḍarar wa-lā Ḍirār ("No Injury or Harm shall be Inflicted or Reciprocated"); and
al-ʿĀda Muḥakkama ("Custom is Authoritative").
secular point of view. My approach to circumventing this hurdle was to look at the so-called Higher Intentions in Islamic law, the maqāṣid al-shari’ah . The maqāṣid , while ultimately based on religious primary sources, the Qur’an and the practice of the Prophet Muhammad, the so-called Sunna , have
are growing examples of application of maqasid-i-sharia , the wider purpose of the law, rather than following the law narrowly. The authors refer to Muslim scholarship in places as diverse as Indonesia, Malaysia, Qatar and the United States whereby scholars are adopting new approaches to the
had the operation, spent the night in hospital and left the following day. I was examined by the same doctor three times and then by ..., another doctor, who X-rayed my jaw. I was then transferred to the Jama'iyyat al-Maqasid Hospital in Jerusalem." f) NADHAL MUHAMMED KHALIL AL-ATABA is 23. He comes
Expectations: A Report about a Failed Survey Project on Using Maqāṣid Al-Shari’ah as a Means of Comparative Governance Research 187
eu Product Safety Law, Whistleblowers and Member State Liability for Acts of Officials 212
The Prosecution of
Islamic Commercial Law: Contemporariness, Normativeness and Competence offers new perspectives on why for centuries Islamic commercial law has been perceived as arbitrary and unpredictable, and on its evolution to a contemporary, consistent, reliable and credible body of law. The book also examines why Western positivists have viewed Islamic commercial law in a simplistic or archaic religious framework and counters those arguments with an examination of its normative legal qualities. The work analyses the competencies of Fiqh (jurisprudence) for structuring new financial instruments, and restructuring conventional financial products more equitability.
Sharīʿah within the formal confines of the transaction itself. Supporters of this position sometimes (but not always) equate being Sharīʿah-based with being rooted in maqāṣid al-šarīʿah : the objectives, purposes, principles, or divine intents underlying Islamic law. 53 For example, in a 2019 article
of Islamic Banking’, Arab Law Quarterly 18(1) (2003): 62-80. 3 H. Ayyūb, فقه المعاملات المالية في الإسلام ( Islamic Commercial Law in Islam ), Vol. 1 (Cairo: Dār al-Tauzīʿ wa-l-Našr al-Islāmīyah, 1998) 37, 79. 4 A.F. Jusoh & M.N.M. Zain, ‘Maqasid Pengharaman Pembiayaan Peribadi Berlandaskan Bay
objectives ( Maqāṣid ) or policy considerations. However, admittedly, if the first two steps fail, it would be unlikely for this final step to succeed.
1 K. Zweigert and H. Kotz, An Introduction to Comparative Law , Tony Weir (trans.), 2nd edn (Clarendon Press, 1987) 58.
2 Cathrine Grubb, ‘The