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Istislah
''Istislah'' (Arabic: استصلاح, ) 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, lineage (or o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism, but not to be confused with what is called simply ''naturalism'' in legal philosophy—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with ''positive law'' (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiqh
''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh Encyclopædia Britannica ''Fiqh'' is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation (''ijtihad'') of the Quran and ''Sunnah'' by Islamic jurists (''ulama'') and is implemented by the rulings (''fatwa'') of jurists on questions presented to them. Thus, whereas ''sharia'' is considered immutable and infallible by Muslims, ''fiqh'' is considered fallible and changeable. ''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam as well as econo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maliki
The Maliki school or Malikism is one of the four major madhhab, schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas () in the 8th century. In contrast to the Ahl al-Hadith and Ahl al-Ra'y schools of thought, the Maliki school takes a unique position known as ''Ahl al-Amal'', in which they consider the Sunnah to be primarily sourced from the practice of the people of Medina and Urf, living Islamic traditions for their rulings on Sharia, 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 Fiqh is predominantly found in North Africa (excluding parts of Egypt), West Africa, Chad, Sudan and the Persian Gulf, Arabian Gulf. In the Middle Ages, medieval era, the Maliki school was also found in parts of Islam in Europe, Europe under Islamic rule, particularly Al-Andalus, Islamic Spain and the Emirate of Sicily. A major ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arabic
Arabic (, , or , ) is a Central Semitic languages, Central Semitic language of the Afroasiatic languages, Afroasiatic language family spoken primarily in the Arab world. The International Organization for Standardization (ISO) assigns language codes to 32 varieties of Arabic, including its standard form of Literary Arabic, known as Modern Standard Arabic, which is derived from Classical Arabic. This distinction exists primarily among Western linguists; Arabic speakers themselves generally do not distinguish between Modern Standard Arabic and Classical Arabic, but rather refer to both as ( "the eloquent Arabic") or simply ' (). Arabic is the List of languages by the number of countries in which they are recognized as an official language, third most widespread official language after English and French, one of six official languages of the United Nations, and the Sacred language, liturgical language of Islam. Arabic is widely taught in schools and universities around the wo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al-Andalus
Al-Andalus () was the Muslim-ruled area of the Iberian Peninsula. The name refers to the different Muslim states that controlled these territories at various times between 711 and 1492. At its greatest geographical extent, it occupied most of the peninsula as well as Septimania under Umayyad rule. These boundaries changed through a series of conquests Western historiography has traditionally characterized as the ''Reconquista'',"Para los autores árabes medievales, el término Al-Andalus designa la totalidad de las zonas conquistadas – siquiera temporalmente – por tropas arabo-musulmanas en territorios actualmente pertenecientes a Portugal, España y Francia" ("For medieval Arab authors, Al-Andalus designated all the conquered areas – even temporarily – by Arab-Muslim troops in territories now belonging to Spain, Portugal and France"), García de Cortázar, José Ángel. ''V Semana de Estudios Medievales: Nájera, 1 al 5 de agosto de 1994'', Gobie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intangible divine law; contrary to ''fiqh'', which refers to its interpretations by Ulama, Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside urf, customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by fatwa, legal opinions issued by mufti, qualified jurists – reflecting the tendencies of Schools of Fiqh, different schools – and integrated and with various economic, penal and administrative laws issued by Muslims, Muslim rulers; and implemented for centuries by Qadi, judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional Principles of Islamic jurisprudence, theory o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Constitutional Court Of Egypt
The Supreme Constitutional Court (, ''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 authority in the Arab Republic of Egypt, with its headquarters located in Cairo. Its primary function is to ensure that laws are in compliance with the provisions of the Egyptian Constitution. The court has the power to annul any laws that are found to violate constitutional texts and articles. Operating as an independent judicial body, the Supreme Constitutional Court is separate from both the legislative and executive branches of government. The court is composed of a president, one or more vice presidents, and a sufficient number of counselors. Rulings are issued by a panel of seven counselors, and such rulings are final and cannot be contested by any means. In addition to its role in reviewing laws, the Supreme Constitutional Court also determines the appropriate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Egypt
Egypt ( , ), officially the Arab Republic of Egypt, is a country spanning the Northeast Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via the Sinai Peninsula. It is bordered by the Mediterranean Sea to northern coast of Egypt, the north, the Gaza Strip of Palestine and Israel to Egypt–Israel barrier, the northeast, the Red Sea to the east, Sudan to Egypt–Sudan border, the south, and Libya to Egypt–Libya border, the west; the Gulf of Aqaba in the northeast separates Egypt from Jordan and Saudi Arabia. Cairo is the capital, list of cities and towns in Egypt, largest city, and leading cultural center, while Alexandria is the second-largest city and an important hub of industry and tourism. With over 109 million inhabitants, Egypt is the List of African countries by population, third-most populous country in Africa and List of countries and dependencies by population, 15th-most populated in the world. Egypt has one of the longest histories o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education. The modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qiyas
Qiyas (, , ) is the process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quran in Islamic jurisprudence, 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 has been accepted as a seco ... [...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 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. "The A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Muamalat
''Muamalat'' (also ''muʿāmalāt,'' , 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 economic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
