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Legal Maxims in Islamic Criminal Law: Theory and Applications
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").
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.
Doubt in Islamic Law
This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Custom in Islamic Law and Legal Theory
This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
Shariʿa, Justice and Legal Order
In Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Shariʿa and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of another region or a more recent period, such as in Nigeria or, also, Egypt. The book’s historical studies are mainly based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.
Law and Tradition in Classical Islamic Thought
Bringing together essays on topics related to Islamic law, this book is composed of articles by prominent legal scholars and historians of Islam. They exemplify a critical development in the field of Islamic Studies: the proliferation of methodological approaches that employ a broad variety of sources to analyze social and political developments.
Islamic Legal Maxims
The oldest collection of Legal Maxims that has reached to us is the Risalah 'usul, al-Karkhi (260AH-340AH) By deep study of these 'usul it reveals that they are inclusive of qawa`id, dawabit, 'usul, and kulliyat. Some of them have the status of such general kulliyat that can be declared as the collective asset of Islamic Fiqh and some 'usul are such which may be useful in knowing the effective cause of Fiqhi values and to know the solution of Fiqhi problems according to the Hanafi way of proving a thing (istidlal) and the Hanafi style of logical deduction on a legal question (ijtihad) by a learned and enlightened doctor (Mujtahid). Imam al-Karkhi is the author of the first existing book on l...
Waqf in Zaydī Yemen
Islamic foundations (waqf, pl. awqāf) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh, codification, individual waqf cases, and everyday waqf-related knowledge. It combines textual analysis with ethnography and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwās, and waqf documents, mostly from Zaydī, northern Yemen. For the Arabic edition, please see here.
