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Legal Maxims in Islamic Criminal Law: Theory and Applications

Legal Maxims in Islamic Criminal Law: Theory and Applications

Legal Maxims in Islamic Criminal Law: Theory and Applications

Author: Luqman Zakariyah
Publisher: Brill Nijhoff
ISBN: 9789004258365
Published In: October 2015
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

RM897.75

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Description
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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").

Chapter 1: Introduction

Chapter 2: Islamic Legal Maxims (al-Qawāʿid al-Fiqhiyya): Historical Development, Concepts and Content

Chapter 3: Legal Maxim of Intention and Action: "Matters Shall Be Judged by Their Objectives" (al-Umūr bi-Maqāṣidihā)

Chapter 4: Legal Maxim of Certainty and Doubt: "Certainty Cannot Be Overruled by Doubt" (al-Yaqīn lā Yazūl bi-sh-Shakk)

Chapter 5: Legal Maxim of Hardship and Facility: "Hardship Begets Facility" (al-Mashaqqa Tajlib at-Taysīr)

Chapter 6: Legal Maxim of Elimination of Harm: "No Injury or Harm Shall Be Inflicted or Reciprocated" (Lā Ḍarar wa-lā Ḍirār)

Chapter 7: Legal Maxim of Custom: "Custom is Authoritative" (al-ʿĀda Muḥakkama)

Chapter 8: Conclusion

Glossary of Arabic Terms

Index of Legal Maxims

Bibliography

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