This thesis studies the proposal for an Indonesian fiqh, articulated by Muhammad Hasbi Ash Shiddieqy (1904-1975) as an effort to bridge the tension in Islamic law between revelation and reality ('ada) in...
Read More »Article: Fiqh Arguments for the Palestinian khulʿ Divorce (before Consummation)
The present article analyses a Decree issued by the Chief Islamic Justice in Ramallah, in September 2012, legalising khulʿ divorce for women without the consent of the fiancé/husband, but only before...
Read More »Book: Alternative Islamic Discourse and Religious Authority
This book further argues that the centre of gravity of many of these alternative Islamic discourses is shifting from the Arabic-speaking 'heartland' towards the geographical peripheries of the Muslim world and expatriate Muslims in...
Read More »Article: Introduction to Islamic Sciences, Part II
This article touches upon two subjects: Fiqh (Islamic Jurisprudence) and Usul of Fiqh (Principles of Fiqh). Fiqh – the profound understanding of religious rulings - is the most comprehensive subject in...
Read More »An Introduction to Methodology of Islamic Jurisprudence: A Shiite Approach+PDF
Uşūl al-Fiqh, the methodology of jurisprudence, which is usually – and inaccurately, if not incorrectly – translated “principles of jurisprudence,” is an Islamic science which is developed by Shiite scholars in...
Read More »Ijtihad: Its Meaning, Sources, Beginnings and the Practice of Ra’y
The sources of ijtihad according to Shi'ah and the Ahl al Sunnah, put together, are: the Book, the Sunnah, ijma’ (consensus), ‘aql (reason), qiyas (analogy), istihsan, masalih mursalah, istislah, sadd al dhara'i’, fath al dhara'i; madhhab al sahabi, shari’at al salaf, ‘urf, istidlal, and...
Read More »Article: Ijtihad: Takhti’ah or Taswib
In this article the writer intend to consider briefly the concept, definition, and types of ijtihad and then examine briefly the criteria and justification of takhti’ah and taswib according to both Shi‘a and...
Read More »A Review on the Book “Islam, Shariʻa & Alternative Dispute Resolution”
The book is an interesting and informative book, both for those who dally in the groves of...
Read More »Article: The Applicability of the Shari’a in Contemporary Times
This article will explore how modernity has impinged on the classical formulation of Islamic law and how the intersection of shari’a and modernity has forced Muslim jurists to...
Read More »The Jurisprudential and Legal Analysis of the Delayed Payment Fine in Banking Contracts in Iran
Delay in debt repayment by bank customers is one of the challenges facing the Islamic banking system in Iran. One solution to this problem can be the stipulation of a...
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