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Principles Of Islamic Jurisprudence-Hashim Kamali

Principles Of Islamic Jurisprudence-Hashim Kamali

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Principles of IslamicJurisprudencebyM. H. Kamali
 
 
Table of Contents
 
Foreword
 
Preface
 
Chapter One: Introduction to Usul al-Fiqh
 
Chapter Two: The First Source of Shari'ah: The Qur'an
 
Chapter Three: The Sunnah
 
Chapter Four: Rules of Interpretation I: Deducing the Law from Its Sources
 
Chapter Five: Rules of Interpretation II: Al-Dalalat (Textual Implications)
 
Chapter Six: Commands and Prohibitions
 
Chapter Seven: Naskh (Abrogation)
 
Chapter Eight: Ijma' or Consensus of Opinion
 
Chapter Nine: Qiyas (Analogical Deduction)
 
Chapter Ten: Revealed Laws Preceding the Shari'ah of Islam
 
Chapter Eleven: The Fatwa of a Companion
 
Chapter Twelve: Istihsan, or Equity in Islamic Law
 
Chapter Thirteen: Maslahah Mursalah (Considerations of Public Interest)
 
Chapter Fourteen: 'Urf (Custom)
 
Chapter Fifteen: Istishab (Presumption of Continuity)
 
Chapter Sixteen: Sadd al-Dhara'i (Blocking the Means)
 
Chapter Seventeen: Hukm Shar'i (Law or Value of Shari'ah)
 
Chapter Eighteen: Conflict of Evidences
 
Chapter Nineteen: Ijtihad, or Personal Reasoning
 
 
Preface
I. Apart from the fact that the existing works on Islamic Jurisprudence in the English language do notoffer an exclusive treatment of 
usul al-fiqh,
there is also a need to pay greater attention to the sourcematerials, namely the Qur'an and
 sunnah,
in the study of this science. In the English works, thedoctrines of 
usul al-fiqh
are often discussed in relative isolation from the authorities in which they arefounded. Furthermore, these works tend to exhibit a certain difference of style and perspective whenthey are compared to the Arabic works on the subject. The
usul 
 
al-fiqh
as a whole and all of the variousother branches of the Shari’ah bear testimony to the recognition, as the most authoritative influence andsource, of divine revelation
(wahy)
over and above that of rationality and man-made legislation. Thisaspect of Islamic law is generally acknowledged, and yet the relevance of 
wahy
to the detailedformulations of Islamic law is not highlighted in the English works in the same way as one wouldexpect to find in the works of Arabic origin. I have therefore made an attempt to convey not only thecontents of 
usul al-fiqh
as I found them in Arabic sources but also the tone and spirit of the sourcematerials which I have consulted. I have given frequent illustrations from the Qur’an, the
Sunnah
andthe well-recognised works of authority to substantiate the theoretical exposition of ideas and doctrines.The works of the
madhahib,
in other words, are treated in conjunction with the authority in which theyare founded.II. The idea to write this book occurred to me in early 1980 when I was teaching this subject to postgraduate students at the Institute of Islamic Studies at McGill University in Montreal. But it wasonly after 1985 when I started a teaching post at the International Islamic University, Selangor,Malaysia, that I was able to write the work I had intended. I was prompted to this decision primarily bythe shortage of English textbooks on Islamic jurisprudence for students who seek to acquire anintermediate to advanced level of proficiency in this subject. Works that are currently available inEnglish on Islamic law and jurisprudence are on the whole generic in that they tend to treat a wholerange of topics both on
usul al-fiqh
and the various branches of 
 fiqh
(i.e.
 furu 'al-fiqh
), often within thescope of a single volume. The information that such works contain on
usul al-fiqh
is on the wholeinsufficient for purposes of pursuing a full course of study on this subject. The only exception to notehere, perhaps, is the area of personal law, that is, the law of marriage, divorce, inheritance, etc., whichhas been treated exclusively, and there are a number of English texts currently available on the subject.Works of Arabic origin on
usul al-fiqh
are, on the whole, exclusive in the treatment of this discipline.There is a selection of textbooks in Arabic, both classical and modern, at present available on thissubject, ranging from the fairly concise to the more elaborate and advanced. Works such as 'Abd al-Wahhab Khallaf's
'Ilm
 
Usul al-Fiqh,
Abu Zahrah's
Usul 
 
al-Fiqh,
Muhammad al-Khudari's
Usul al-Fiqh,
and Badran's
Usul al-Fiqh al-lslami
are but some of the well-known modern works in the field.Classical works on
usul al-fiqh,
of which there are many, are, broadly speaking, all fairly elaborate,sometimes running into several volumes. I have relied, in addition to the foregoing, on al-Ghazali's
 Al-

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