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Usul Al-Fiqh is a science which is deeply embedded in the Islamic experience and one which, thanks to its methods and concerns, helped generate an empirical trend in Muslim culture, in turn benefiting western thinking. Itself a creation of influences from within and without, Al-Usul, often called “The Philosophy of Islam,” invites both reason and revelation to work for the harmony and well-being of human society. Although the science of Al-Usul is mainly concerned with legal matters, its range and the arsenal of tools it uses makes it attractive to students of Islamic Jurisprudence as well as to other scholars of Islamic Knowledge and culture. The difficulties it poses are inevitable. This book, however, attempts to simplify this “Most important method of research ever devised by Islamic thought” during its most creative period, and bring it to the understanding and appreciation of the modern learner, while underscoring its importance and relevance to the world of Islam today.
This book deals with the sources of Islamic jurisprudence and their importance in deducing the religious rulings. It covers the concept of ijtihād (independent reasoning), its conditions and application and illustrates why it is a practice for experts rather than laymen. It also explains the differences in the levels of expertise of the mujtahids. In fact, there are seven distinct classifications of mujtahid. The book also covers the communication of God as Lawgiver with regard to the conduct of liable persons. It details the difference in probative value of communication based on the extent to which it binds an individual be it absolutely binding, a recommendation or mere permissibility. The reader will be able to understand the difference between fiqh (law) and Usūl al-Fiqh (methodology of law). Fiqh is the law itself whereas Usūl al-Fiqh is the methodology utilized to extract the law. The relationship between the two disciplines resembles that of the rules of grammar to a language, or of logic to philosophy. Usūl al-Fiqh in this sense provides the standard criteria for the correct deduction of the rulings of fiqh from the sources of Shari’ah (the Qur’an and Sunnah).
This third edition of the best-selling title Principles of Islamic Jurisprudence has been completely revised and substantially enlarged. In this work, Prof Kamali offers us the first detailed presentation available in English of the theory of Muslim law (usul al-fiqh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Islamic Jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur'an and the Sunnah—the precedent of the Prophet. Written as a university textbook, Principles of Islamic Jurisprudence is distinguished by its clarity and readability; it is an essential reference work not only for students of Islamic law, but also for anyone with an interest in Muslim society or in issues of comparative Jurisprudence.
This collection of papers presents a reformist project calling upon Muslim intellectuals and scholars everywhere to comprehend the vast breadth and depth of the crisis engulfing Muslim thought today and the necessity of solving this crisis to enable the Ummah to experience a revival and fulfill its role among the nations of the world. The reader will find a variety of articles dealing with this intellectual crises, these include a chapter on ijtihad's role and history, important since our intellectual problems cannot be solved without the scholars' use of independent reasoning and creativity. Another discusses imitation (taqlid) calling upon Muslim scholars and intellectuals to abandon imitation and to stop favoring the past over the present when trying to solve modern problems. Another looks at human rights.
A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.
This collection of articles examines the various and often mutually exclusive methodological approaches and theoretical assumptions used by scholars of Islamic origins.
This book focuses on the historical development, codification and present day perceptions of Islamic law in Zaydī Yemen in the field of waqf, the relation between theory and practice over time and the development of central waqf administration.
Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.