Based on the traditions discussed here, Ayatollah Khomeini asserts with certitude that all the power and authority (al-wilaya al-mutlaqa) that was vested in the Prophet and the infallible Imams now devolves upon the...
Read More »Islamic Legal Maxims as Substantive Canons of Construction: Hudūd-Avoidance in Cases of Doubt+PDF
Legal maxims reflect settled principles of law to which jurists appeal when confronting new legal cases. One such maxim of Islamic criminal law stipulates that judges are to avoid imposing hudūd and other sanctions when beset by...
Read More »Moon Sighting in Islamic Jurisprudence
During this Ramadan, as in some previous years, there have been many questions about the criteria for determining the start of the Islamic month and the role of science and the moon sighting in...
Read More »Shia Ruling on Congregational Prayer Behind a Sunni Imam
The verdict regarding congregational prayers behind an Ahl al-Sunnah Imām was consistently discussed by Shī’a jurists. While it was for many centuries a discussion that would take place within the context of practicing dissimulation due to fear, after the 20th century most jurists began discussing it through the...
Read More »Islamic Finance: A Viable Alternative in the Global Financial Market+PDF
Islamic finance based on sharia, or Islamic law, prohibits the payment of interest, or usury. Also prohibited are investments in certain industries such as those tied to alcohol, pornography, pork production, tobacco, and...
Read More »Muslim Law in Britain: Reflections in the Socio-Legal Sphere and Differential Legal Treatment+PDF
This paper seeks to demonstrate that the dynamic reconstruction process of Muslim identity in Britain has remarkable reflections in the socio-legal sphere since law is a socio-cultural construct...
Read More »Article: Digital Islamic Law: Purpose and Prospects
Although this sentiment dominates the current digital landscape, information about Islamic law and history often remains bound to its physical form and to the price of acquiring it...
Read More »The Islamic Rule of Lenity by Intisar Rabb+PDF
This Article explores an area of close parallel between legal doctrines in the contexts of Islamic law and American legal theory...
Read More »Doctoral Thesis: Debating al-Ḥākimiyyah and Takfīr in Salafism
This study examines the intra-Salafī disputes in the 1990s over the legitimacy of present-day rulers in the Muslim world and their status as Muslims...
Read More »Ijtihad in Twelver Shiism: The Interpretation and Application of Islamic Law in the Context of Changing Muslim Society
The purpose of the thesis is to investigate whether Islamic laws, without relaxing the nature of the Shari 'a, could be expanded and adapted to meet the changing needs of modem Muslim societies....
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