Review on Filsafat Hukum Islam (original) (raw)
Related papers
El-Aqwal : Journal of Sharia and Comparative Law
This paper explores the philosophy of Islamic law and Islamic law in terms of definition, object, and implementation. The two cannot be separated in the discourse of Islamic law. By understanding the two terms, will be wise in giving the law to a problem that arose both in classical times and now. Philosophy of Islamic Law with a philosophical approach uncovers fundamental issues conceptually, methodically, systematically, radically, universally, comprehensively, and rationally. Meanwhile, the law, within the framework of Islamic norms, is formal legislation and from customs recognized by the ummah. The objects and methods of Islamic legal philosophy are to achieve benefit and the ultimate goal of Maqāsid al-Syarīʻah and are analytical, epistemological, critical, rational, and comprehensive.
Principles of Islamic Jurisprudence ~ Kamali Principles of Islamic Jurisprudence
I. Apart from the fact that the existing works on Islamic Jurisprudence in the English language do not offer an exclusive treatment of usul al-fiqh, there is also a need to pay greater attention to the source materials, namely the Qur'an and sunnah, in the study of this science. In the English works, the doctrines of usul al-fiqh are often discussed in relative isolation from the authorities in which they are founded. Furthermore, these works tend to exhibit a certain difference of style and perspective when they are compared to the Arabic works on the subject. The usul al-fiqh as a whole and all of the various other branches of the Shari'ah bear testimony to the recognition, as the most authoritative influence and source, of divine revelation (wahy) over and above that of rationality and man-made legislation. This aspect of Islamic law is generally acknowledged, and yet the relevance of wahy to the detailed formulations of Islamic law is not highlighted in the English works in the same way as one would expect to find in the works of Arabic origin. I have therefore made an attempt to convey not only the contents of usul al-fiqh as I found them in Arabic sources but also the tone and spirit of the source materials which I have consulted. I have given frequent illustrations from the Qur'an, the Sunnah and the well-recognised works of authority to substantiate the theoretical exposition of ideas and doctrines.
Islamic Legal Thought: A Compendium of Muslim Jurists, edited by Oussama Arabi, David S. Powers, and Susan A. Spectorsky, 2018
First Paragraph: The subtitle of the book, A Compendium of Muslim Jurists, is deceptive, suggesting that this edited volume is a reference work on jurists of Islamic law. However, this volume is much more. It is a comprehensive account of the development of Islamic law from its inception to the present through the biographies and contributions of some of its most important jurists, with the caveat that some Islamic legal luminaries were left out. While each of the 23 chapters stands on its own, this reviewer highly recommends anyone truly interested in the history of Islamic law to read the book as a whole, not just individual chapters or sections. Although the book is a hefty 590 pages long, it is worth the time and effort.
We come to see that throughout the development of Islamic law, a number of sources and methods were established from which jurists may derive the law. This is very different from the limited view that only the Quran and sunnah (habitual practice) are recognised as the crux of law. The sources and methods go beyond those of the Quran, sunnah, ijma, and qiyas. These 4 sources can be referred to as the roots of law, given their grounding in revealed texts and their status within the law as the foundation of any law making. Aside from these, other methods, such as istihsan (juristic preference), maslahah (public interest), ‘urf (custom), and ijtihad, exist. Together, Islamic law comes to recognise a plethora of sources and methods, which clearly demonstrates its ability to remain flexible and relevant to the modern age. It has long been the view of orientalists such as Schacht that Islamic law is inflexible, but we come to see that the various methods that are available suggest otherwise.
2009
All praise is due to Allah who in His mercy has endowed me with the ability to complete this work on Islamic Jurisprudence. The Prophet Muħammad (may the peace and blessings of Allah be upon him) is reported to have said, "He who does not thank man has not thanked Allah." With these words in mind I am grateful to the following people. • I thank my supervisor Professor Yousuf Dadoo for his support and guidance. • I thank the immediate members of my family, my wife and parents for their support. • I am grateful to my teachers and colleagues. May Allah reward you greatly. Shoayb Ahmed 14 1.5. Validity of Ijtihād 15 Notes to Chapter One 17 Chapter Two The First Stage in the Development of Fiqh-The Period of the Prophet Muħammad (Developmental and Foundational Phase) 18 2.1. The first source, the Qur'ān 18 2.2. The second source, the Sunnah 19 2.3. Al-Ijmā‛ 23 2.4. Qiyās 23 A historical account of some of the rules that occurred before and after Hijrah Some Muftīs in the Prophets time. 31 Notes to Chapter Two 34 Chapter Three The Second Stage in the Development of Islamic Jurisprudence (From the death of the Prophet until the end of the second century) 37 3.1. Islamic Jurisprudence during the period of the rightly guided Khalīfs 38 3.1.1 Other jurists during the period of the Khalīfs. 40 3.1.2 Salient features of Islamic Jurisprudence at the time of the Khalīfs 41 3.2. The period of the senior and junior contemporaries of the Prophet's companions. 42 Some renowned Muftīs from among the companions in this period. 44 3.3. Were the companions all Mujtahid's? 45 3.3.1 Famous jurisconsults among the Tābi‛īn. 46 3.4. The classification of the jurists in two groups namely the Iraqis and the Ħijāzis. 48 6 3.5. The second century after Hijrah. 52 3.5.1 Some famous scholars (Mujtahids) in this era. 55 3.5.2 Other established judges and muftīs. 62 3.5.3 Some of Imām Abū Ħanīfah's students. 63 3.5.4 Some of Imām Mālik's students. 64 Notes to Chapetr Three 66
Islamic Legal Thought: A Compendium of Muslim Jurists
2013
, who read and commented on earlier drafts of this chapter. Ali Altaf Mian, as always, gave unstinting research support. All remaining errors are mine alone. 1 al-Jawzī, al-Muntaẓam, 10:115. 2 Marcia Cavell points out that the 'mind' exists in an interpersonal fijield in relation to the material world. This also holds for Ghazālī.
“Falsafa [Islamic Philosophy] and Law,” Oxford Handbook of Islamic Law (2016, forthcoming).
This article examines the place of law in the falsafa (philosophy) tradition. Political philosophy was largely a derivative topic for the philosophers of the Islamic world. One indication of this is that the falsafa tradition did not produce a coherent philosophy of law that would concern itself with the meaning, essence, source, and forms of "law": as such. This article looks at several philosophers in the Islamic tradition who are associated with political philosophy, including Abu Nasr al-Farabi and Ibn Sina, with particular emphasis on their view that the highest form of human existence consists in intellectual and spiritual perfection. It also considers the views of Ibn Bajja, Ibn Tufayl, and Ibn Rushd.