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Istislah
''Istislah'' (Arabic استصلاح "to deem proper") is a method employed by Islamic jurists to solve problems that find no clear answer in sacred religious texts. It is related to the term مصلحة ''Maslaha'', or "public interest" (both words being derived from the same triconsonantal root, "ṣ-l-ḥ"). Extratextual pragmatic considerations are commonly accepted in Islamic jurisprudence concerning areas where the ''Qur'an'' and the practices of the earliest Muslim generations (''Salaf'') provide no specific guidance. ''Istislah'' bears some similarities to the natural law tradition in the West, as exemplified by Thomas Aquinas. However, whereas natural law deems good that which is known self-evidently to be good, according as it tends towards the fulfilment of the person, ''istislah'' calls good whatever is connected to one of five "basic goods". Al-Ghazali abstracted these "basic goods" from the five legal precepts in the ''Qur'an'' and ''Sunnah''—religion, life, reason, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rashid Rida
Muḥammad Rashīd ibn ʿAlī Riḍā ibn Muḥammad Shams al-Dīn ibn Muḥammad Bahāʾ al-Dīn ibn Munlā ʿAlī Khalīfa (23 September 1865 or 18 October 1865 – 22 August 1935 CE/ 1282 - 1354 AH), widely known as Sayyid Rashid Rida ( ar, سيد رشيد رضا, Sayyid Rashīd Riḍā) was a prominent Sunni Islamic scholar, reformer, theologian and revivalist. As an eminent Salafi scholar who called for the revival of Hadith sciences and a theoretician of Islamic State in the modern-age; Rida condemned the rising currents of secularism and nationalism across the Islamic World following the Abolition of the Ottoman sultanate, and called for a global Islamic Renaissance program to re-establish an Islamic Caliphate. Rashid Rida is considered by many as one of the most influential scholars and jurists of his generation and was initially influenced by the movement for Islamic Modernism founded in Egypt by Muhammad Abduh. Eventually, Rida became a resolute proponent of the w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maslaha
Maslaha or maslahah ( ar, مصلحة, lit=public interest) is a concept in shari'ah (Islamic divine law) regarded as a basis of law.I. Doi, Abdul Rahman. (1995). "Mașlahah". In John L. Esposito. ''The Oxford Encyclopedia of the Modern Islamic World''. Oxford: Oxford University Press. It forms a part of extended methodological principles of Islamic jurisprudence (''uṣūl al-fiqh'') and denotes prohibition or permission of something, according to necessity and particular circumstances, on the basis of whether it serves the public interest of the Muslim community (''ummah''). In principle, ''maslaha'' is invoked particularly for issues that are not regulated by the Qur'an, the ''sunnah'' (the teachings and practices of the Islamic prophet Muhammad), or ''qiyas'' (analogy). The concept is acknowledged and employed to varying degrees depending on the jurists and schools of Islamic jurisprudence ('' maddhab''). The application of the concept has become more important in modern times be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Istihsan
' (Arabic: ) is an Arabic term for juristic discretion. In its literal sense it means "to consider something good". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities. It is one of the principles of legal thought underlying scholarly interpretation or ijtihad. A number of disputes existed amongst the classical jurists over this principle with the Hanafi school of jurisprudencete and its jurists (''fuqahah'') adopting this as a secondary source. It is not the same thing as istislah, which plays a prominent part in other schools, including Maliki school, or istihlal, which is a derisive term for deeming something forbidden as permissible. Etymology ' ( ) is an Arabic word derived from the word ''al-husn'' () which means good which is the opposite meaning of ''al-qubh'' () which means bad. The word ' is used to express "decorating or improving or considering something good". It also applies to mean somethi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maliki
The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary sources. Unlike other Islamic fiqhs, Maliki fiqh also considers the consensus of the people of Medina to be a valid source of Islamic law. The Maliki school is one of the largest groups of Sunni Muslims, comparable to the Shafi`i madhhab in adherents, but smaller than the Hanafi madhhab. Sharia based on Maliki doctrine is predominantly found in North Africa (excluding northern and eastern Egypt), West Africa, Chad, Sudan, Kuwait, Bahrain, Qatar, the Emirate of Dubai ( UAE), and in northeastern parts of Saudi Arabia.Jurisprudence and Law – Islam Reorienting the Veil, University of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application ( Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by " God, nature Nature, in the broadest sense, is the physical world or universe. "Nature" can refer to the phenomena of the physical world, and also to life in general. The study of nature is a large, if not the only, part of science. Although humans ar ..., or reason." Natural law theory can also refer to "theories of ethics, Political theories, theories of politics, theories of Civil law (legal system), civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratic philosophy, pre-Socratics, for example in their search ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Constitutional Court Of Egypt
The Supreme Constitutional Court ( ar, المحكمة الدستورية العليا, ''Al Mahkama Al Dustūrīya El ‘Ulyā'') is an independent judicial body in Egypt, located in the Cairo suburb of Maadi. The Supreme Constitutional Court is the highest judicial power. It alone undertakes the judicial control in respect of the constitutionality of the laws and regulations and undertakes the interpretation of the legislative texts in the manner prescribed by law. In addition, the court is empowered to settle competence disputes between the judicial and the administrative courts. History The establishment of the Supreme Constitutional Court goes back to the argument which was raised over the right of courts or any judicial bodies to pronounce on the constitutionality of the laws issued by the Legislative power. Such a judicial argument has been advocated in arguing that, considering the issue of the constitutionality of laws is included in the competence of the courts, it do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediterranean Sea to the north, the Gaza Strip of Palestine and Israel to the northeast, the Red Sea to the east, Sudan to the south, and Libya to the west. The Gulf of Aqaba in the northeast separates Egypt from Jordan and Saudi Arabia. Cairo is the capital and largest city of Egypt, while Alexandria, the second-largest city, is an important industrial and tourist hub at the Mediterranean coast. At approximately 100 million inhabitants, Egypt is the 14th-most populated country in the world. Egypt has one of the longest histories of any country, tracing its heritage along the Nile Delta back to the 6th–4th millennia BCE. Considered a cradle of civilisation, Ancient Egypt saw some of the earliest developments of writing, agr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qiyas
In Islamic jurisprudence, qiyas ( ar, قياس , " analogy") is the process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quran, in order to apply a known injunction ('' nass'') to a new circumstance and create a new injunction. Here the ruling of the Sunnah and the Quran may be used as a means to solve or provide a response to a new problem that may arise. This, however, is only the case providing that the set precedent or paradigm and the new problem that has come about will share operative causes (, ''ʿillah''). The ʿillah is the specific set of circumstances that trigger a certain law into action. An example of the use of qiyās is the case of the ban on selling or buying of goods after the last call for Friday prayers until the end of the prayer stated in the . By analogy this prohibition is extended to other transactions and activities such as agricultural work and administration. Among Sunni Muslims, Qiyas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fasiq
Fasiq ( ''fāsiq'') is an Arabic term referring to someone who violates Islamic law. As a fasiq is considered unreliable, his testimony is not accepted in Islamic courts. The terms ''fasiq'' and ''fisq'' are sometime rendered as "impious", "venial sinner", or "depraved". Constant committing of minor sins or the major sins that do not require greater punishment, which are described as wickedness Fisq in fiqh terminology, are punished by the judge's discretion, without a certain limit and measure. In tazir punishments, there is no obligation to prove the crime by witnessing or similar mechanisms. Origin ''Fasiq'' is derived from the term ''fisq'' (), "breaking the agreement" or "to leave or go out of." In its original Quranic usage, the term did not have the specific meaning of a violator of laws, and was more broadly associated with ''kufr'' (disbelief). Some theologians have associated fasiq-related behaviour to ''ahl al-hawa'' (people of caprice).Kamali, Mohammad Hashim. "T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Muamalat
''Muamalat'' (also ''muʿāmalāt,'' ar, , literally "transactions" TBE, "CHAPTER A1, INTRODUCTION TO ISLAMIC MUAMALAT", 2012: p.6 or "dealings") is a part of Islamic jurisprudence, or ''fiqh''. Sources agree that ''muamalat'' includes Islamic "rulings governing commercial transactions" and Majallah al-Ahkam al-Adliyyah). JALIL, et. al., ''FOUR INTRODUCTORY THEORIES OF FIQH MUAMALAT'': p.8 However, other sources (Oxford Islamic Studies Online, Brian Kettell, and Wahbah al-Zuhayli’) give it a broader definition including civil acts and in general all aspects of fiqh that are not ''Ibadat'' (acts of ritual worship such as prayer or fasting). (See organizational chart of the structure of Islam below in "Principles" section.) Chik, ''Shariah in Islamic Finance'': p.5 Lee, "Islamic Banking Law", 2015: p.29 ''Mu'amalat'' provides much of the basis for Islamic economics, and the instruments of Islamic financing, and deals not only with Islamic legality but also social and econo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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