Brill's Arab and Islamic Laws Series : Legal Maxims in Islamic Criminal Law: Theory and Applications (1st Edition)

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"). 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 Generally. Introduction -- Islamic Legal Maxims (al-qawāʻid Al-fiqhiyya) : Historical Development, Concepts And Content -- Legal Maxim Of Intention And Action : Matters Shall Be Judged By Their Objectives (al-umūr Bi Maqāṣidihā) -- Legal Maxim Regarding Certainty And Doubt : Certainty Cannot Be Overruled By Doubt (al-yaqīn Lā Yazūl Bi-sh-shakk) -- Legal Maxim Regarding Hardship And Facility : Hardship Begets Facility (al-mashaqqa Tajlib At-taysīr) -- Legal Maxim Regarding Elimination Of Harm : No Injury/harm Shall Be Inflicted Or Reciprocated (lā Ḍarar Wa-lā Ḍirār) -- Legal Maxim Of Custom : Custom Is Authoritative (al-ʻĀda Muḥakkama) -- Conclusion. By Luqman Zakariyah. Includes Bibliographical References (pages 216-229) And Index.