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
- 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).