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Istislah
''Istislah'' (Arabic استصلاح "to deem proper") is a method employed by Islamic jurists to solve problems that find no clear answer in sacred religious texts. It is related to the term مصلحة ''Maslaha'', or "public interest" (both words being derived from the same triconsonantal root, "ṣ-l-ḥ"). Extratextual pragmatic considerations are commonly accepted in Islamic jurisprudence concerning areas where the ''Qur'an'' and the practices of the earliest Muslim generations (''Salaf'') provide no specific guidance. ''Istislah'' bears some similarities to the natural law tradition in the West, as exemplified by Thomas Aquinas. However, whereas natural law deems good that which is known self-evidently to be good, according as it tends towards the fulfilment of the person, ''istislah'' calls good whatever is connected to one of five "basic goods". Al-Ghazali abstracted these "basic goods" from the five legal precepts in the ''Qur'an'' and ''Sunnah''—religion, life, reason, l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maliki
The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary sources. Unlike other Islamic fiqhs, Maliki fiqh also considers the consensus of the people of Medina to be a valid source of Islamic law. The Maliki school is one of the largest groups of Sunni Muslims, comparable to the Shafi`i madhhab in adherents, but smaller than the Hanafi madhhab. Sharia based on Maliki doctrine is predominantly found in North Africa (excluding northern and eastern Egypt), West Africa, Chad, Sudan, Kuwait, Bahrain, Qatar, the Emirate of Dubai (UAE), and in northeastern parts of Saudi Arabia.Jurisprudence and Law – Islam Reorienting the Veil, University of Nort ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations (''Tabi'un'' and ''Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rashid Rida
Muḥammad Rashīd ibn ʿAlī Riḍā ibn Muḥammad Shams al-Dīn ibn Muḥammad Bahāʾ al-Dīn ibn Munlā ʿAlī Khalīfa (23 September 1865 or 18 October 1865 – 22 August 1935 CE/ 1282 - 1354 AH), widely known as Sayyid Rashid Rida ( ar, سيد رشيد رضا, Sayyid Rashīd Riḍā) was a prominent Sunni Islamic scholar, reformer, theologian and revivalist. As an eminent Salafi scholar who called for the revival of Hadith sciences and a theoretician of Islamic State in the modern-age; Rida condemned the rising currents of secularism and nationalism across the Islamic World following the Abolition of the Ottoman sultanate, and called for a global Islamic Renaissance program to re-establish an Islamic Caliphate. Rashid Rida is considered by many as one of the most influential scholars and jurists of his generation and was initially influenced by the movement for Islamic Modernism founded in Egypt by Muhammad Abduh. Eventually, Rida became a resolute proponent of the w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Faqīh
A faqīh (plural ''fuqahā'', ar, فقيه, pl. ) is an Islamic jurist, an expert in ''fiqh'', or Islamic jurisprudence and Islamic Law. Definition Islamic jurisprudence or ''fiqh'' is the human understanding of the Sharia (believed by Muslims to represent divine law as revealed in the Quran and the '' Sunnah'' (the teachings and practices of the Islamic prophet Muhammad). Sharia expanded and developed by interpretation ('' ijtihad'') of the Quran and ''Sunnah'' by Islamic jurists (''Ulema'') and implemented by the rulings ('' Fatwa'') of jurists on questions presented to them. ''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam. In the modern era there are four prominent schools (''madh'hab'') of ''fiqh'' within Sunni practice and two (or three) within Shi'a practice. The historian Ibn Khaldun describes ''fiqh'' as "knowledge of the rules of God which concern the actions of persons who own themselves bound to obey the la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application ( Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crime ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Constitutional Court Of Egypt
The Supreme Constitutional Court ( ar, المحكمة الدستورية العليا, ''Al Mahkama Al Dustūrīya El ‘Ulyā'') is an independent judicial body in Egypt, located in the Cairo suburb of Maadi. The Supreme Constitutional Court is the highest judicial power. It alone undertakes the judicial control in respect of the constitutionality of the laws and regulations and undertakes the interpretation of the legislative texts in the manner prescribed by law. In addition, the court is empowered to settle competence disputes between the judicial and the administrative courts. History The establishment of the Supreme Constitutional Court goes back to the argument which was raised over the right of courts or any judicial bodies to pronounce on the constitutionality of the laws issued by the Legislative power. Such a judicial argument has been advocated in arguing that, considering the issue of the constitutionality of laws is included in the competence of the courts, it do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediterranean Sea to the north, the Gaza Strip of Palestine and Israel to the northeast, the Red Sea to the east, Sudan to the south, and Libya to the west. The Gulf of Aqaba in the northeast separates Egypt from Jordan and Saudi Arabia. Cairo is the capital and largest city of Egypt, while Alexandria, the second-largest city, is an important industrial and tourist hub at the Mediterranean coast. At approximately 100 million inhabitants, Egypt is the 14th-most populated country in the world. Egypt has one of the longest histories of any country, tracing its heritage along the Nile Delta back to the 6th–4th millennia BCE. Considered a cradle of civilisation, Ancient Egypt saw some of the earliest developments of writing, agriculture ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are reg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qiyas
In Islamic jurisprudence, qiyas ( ar, قياس , " analogy") is the process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quran, in order to apply a known injunction ('' nass'') to a new circumstance and create a new injunction. Here the ruling of the Sunnah and the Quran may be used as a means to solve or provide a response to a new problem that may arise. This, however, is only the case providing that the set precedent or paradigm and the new problem that has come about will share operative causes (, ''ʿillah''). The ʿillah is the specific set of circumstances that trigger a certain law into action. An example of the use of qiyās is the case of the ban on selling or buying of goods after the last call for Friday prayers until the end of the prayer stated in the . By analogy this prohibition is extended to other transactions and activities such as agricultural work and administration. Among Sunni Muslims, Qiyas h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fasiq
Fasiq ( ''fāsiq'') is an Arabic term referring to someone who violates Islamic law. As a fasiq is considered unreliable, his testimony is not accepted in Islamic courts. The terms ''fasiq'' and ''fisq'' are sometime rendered as "impious", "venial sinner", or "depraved". Constant committing of minor sins or the major sins that do not require greater punishment, which are described as wickedness Fisq in fiqh terminology, are punished by the judge's discretion, without a certain limit and measure. In tazir punishments, there is no obligation to prove the crime by witnessing or similar mechanisms. Origin ''Fasiq'' is derived from the term ''fisq'' (), "breaking the agreement" or "to leave or go out of." In its original Quranic usage, the term did not have the specific meaning of a violator of laws, and was more broadly associated with ''kufr'' (disbelief). Some theologians have associated fasiq-related behaviour to ''ahl al-hawa'' (people of caprice).Kamali, Mohammad Hashim. "T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Muamalat
''Muamalat'' (also ''muʿāmalāt,'' ar, , literally "transactions" TBE, "CHAPTER A1, INTRODUCTION TO ISLAMIC MUAMALAT", 2012: p.6 or "dealings") is a part of Islamic jurisprudence, or ''fiqh''. Sources agree that ''muamalat'' includes Islamic "rulings governing commercial transactions" and Majallah al-Ahkam al-Adliyyah). JALIL, et. al., ''FOUR INTRODUCTORY THEORIES OF FIQH MUAMALAT'': p.8 However, other sources (Oxford Islamic Studies Online, Brian Kettell, and Wahbah al-Zuhayli’) give it a broader definition including civil acts and in general all aspects of fiqh that are not '' Ibadat'' (acts of ritual worship such as prayer or fasting). (See organizational chart of the structure of Islam below in "Principles" section.) Chik, ''Shariah in Islamic Finance'': p.5 Lee, "Islamic Banking Law", 2015: p.29 ''Mu'amalat'' provides much of the basis for Islamic economics, and the instruments of Islamic financing, and deals not only with Islamic legality but also social and econ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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