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Book: “Theories of Islamic Law: The Methodology of Ijtihad”

The book ” Theories of Islamic Law: The Methodology of Ijtihad” presents Usul al-Fiqh, or Islamic Legal theory, as comprising three major theories of methodologies.

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

Chapter One: Introduction

Chapter Two: Major Themes

Chapter Three: The Meaning of Usul al-Fiqh

I . The Concept of Islamic Law

Chapter Four: Law as the Hukm of Allah

Chapter Five: Law and its classification

Chapter Six: The Act and the Subject

Chapter Seven: The Union of Primary and Secondary rules

Chapter Eight: Doctrines of Hadd and the Spheres of Law

  1. Theories of Interpretation

Chapter Nine: Common Features of Interpretation

Chapter Ten: Theories of General Principles

Chapter Eleven: Theories of Strict Interpretation

Chapter Twelve: The Theories of the Purpose of law

Chapter Thirteen: The Refinement of the Purpose of Law

III. Ijtihad today

Chapter Fourteen: Lessons From Legal History

Chapter Fifteen: The modes of Ijtihad

The author, Imran Ahsan Khan Nyazee, born in 1945, is an Assistant Professor at the Faculty of Shariah and Law, International Islamic University, Islamabad, Pakistan. He obtained his law degree from Punjab University in 1969. In 1983, he was awarded a gold medal for his performance in the LL.M. (Shariah) programme by the International Islamic University (Pakistan). In 1987, he obtained an LL.M. degree from the University of Michigan Law School. Among his other works are Islamic Law of Business Organization: Partnerships and Islamic Jurisprudence (Usul al-Fiqh).

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