Theories of Islamic law
Subtitle: The Methodology of Ijtihād
By: Imran Ahsan Khan Nyazee.
Publisher: The Other Press
Published: 2002
Place of publication: Kuala Lumpur, Malaysia
Language: eng
Format: Paperback
Number of pages: 356
ISBN-13: 9789839541311
Description: This book presents usul al-fiqh, or Islamic legal theory, as comprising three major theories or methodologies. Each had a distinct function to perform in the development of Islamic law. The first theory is shown to be based on the operation of general principles and the analytical method, the methodology of the second incorporates strict interpretation and analogy, while the third theory is based on the purposes of the Islamic shari'ah. The book presents the content of Islamic legal theory in a manner that reflects the traditional approach, but takes into account the needs of the modern lawyer, judge and scholar.
Table of contents: title: Foreword; title: 1 Introduction; title: 2 Major Themes; title: 3 The Meaning of Uṣūl al-Fiqh; title: I The Concept of Islamic Law; title: 4 Law as the Ḥukm of Allāh; title: 5 Law and its Classification: The Ḥukm; title: 6 The Act and the Subject; title: 7 The Union of Primary and Secondary Rules; title: 8 Doctrines of Ḥadd and the Spheres of Law; title: II Theories of Interpretation; title: 9 Common Features of Interpretation; title: 10 Theories of General Principles; title: 11 Theories of Strict Interpretation; title: 12 The Theory of the Purposes of Law; title: 13 The Refinement of the Purposes of Law; title: III Ijtihād Today; title: 14 Lessons from Legal History; title: 15 The Modes of Ijtihād; title: 16 Appendix; title: 17 Select Bibliography; title: 18 Glossary; title: 19 Index