Ebook: Legal Maxims in Islamic Criminal Law: Theory and Applications
Author: Luqman Zakariyah
- Genre: Religion
- Tags: International Law Islamic Law Middle East Islamic Studies Islam Religion Religious Studies Theology Fiqh Law Orient Orientalism Kalam
- Series: Brill’s Arab and Islamic Laws Series 9
- Year: 2015
- Publisher: Brill - Nijhoff
- Edition: Lam
- Language: English
- pdf
Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law ( maqāṣid al-Sharī‘ah), generally. Included in this examination are the following maxims: al-Umūr bi-Maqāṣidihā ("Matters shall be Judged by their Objectives"); al-Yaqīn lā Yazūl bi-sh-Shakk ("Certainty Cannot be Overruled by Doubt"); al-Mashaqqa Tajlib at-Taysīr ("Hardship begets Facility"); Lā Ḍarar wa-lā Ḍirār ("No Injury or Harm shall be Inflicted or Reciprocated"); and al-ʿĀda Muḥakkama ("Custom is Authoritative").
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