Imam Bukhari His Life and Works
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(Ḥiyal) and Usury in Islamic Commercial Law
LEGAL STRATAGEMS (ḤIYAL) AND USURY IN ISLAMIC COMMERCIAL LAW by MUHAMMED IMRAN ISMAIL A thesis submitted to The University of Birmingham for the degree of DOCTOR OF PHILOSOPHY Department of Theology and Religion College of Arts and Law The University of Birmingham May 2010 ABSTRACT This thesis investigates the subject of legal stratagems (ḥiyal) in Islamic jurisprudence, in general and more particularly the ḥiyal used to evade the usury (ribā) prohibition. The context of this thesis is the nascent Islamic finance industry in which these ḥiyal play a leading role. The ḥiyal have been appropriated from the classical Islamic legal corpus without appreciating their historical contextual framework. This thesis seeks to explicate that framework and clarify the purpose and role of those ḥiyal as envisaged in the discourse of the classical Islamic jurists. The ḥiyal are shown to be premised upon a teleology which demarcates them as normative exits, makhārij. The makhārij are conditioned by the systematic reasoning of the Ḥanafī jurists, which both justifies their utility and provides their juridical remit. The ḥiyal of ribā are demonstrated to have been utilised primarily as substitutes for philanthropy, and not in the commercial sector. The commercial sector relied on the Islamic prescriptions for equity investment partnerships which precluded the need for interest based loans. Although the jurists sanctioned the ḥiyal of ribā for the poor, they did so at the expense of systematic consistency. This meant that these ḥiyal, as opposed to the makhārij, are not regarded as normative exits, but rather, as transitory concessions. The use of these ḥiyal as financial norms is therefore unwarranted. -
Knowledge: the Qur'anic Discourse Concerning Reason and Revelation
KNOWLEDGE: THE QUR’ĀNIC DISCOURSE CONCERNING REASON AND REVELATION AND ITS IMPACT by AMRA BONE A thesis submitted to The University of Birmingham for the degree of DOCTOR OF PHILOSOPHY Department of Theology & Religion School of Historical Studies The University of Birmingham January 2016 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. ACKNOWLEDGMENTS First and foremost, I would like to thank every single person who crossed my path during the period of my studies. My greatest debt is to my mum and dad and my brother. Throughout my life they strove to give me the opportunity to study and better myself. Without their love and support I would never have been able to pursue an academic life. I would like to wholeheartedly thank Dr Draper, Dr Khir, Dr Buaben, Dr Surty and Sheikh Evans for their support and help. I am indebted to my dear husband for all his love, support and patience, being a soundboard for ideas and spending hours typing from my hand written pages. I would also like to thank my friend Muhammad Ali who patiently supported me in my translation of some of the classical texts. -
Fiqh Al-Aqalliyyāt (Jurisprudence for Minorities) and the Problems of Contemporary Muslim Minorities of Britain from the Perspective of Islamic Jurisprudence
Fiqh al-Aqalliyyāt (Jurisprudence for Minorities) and the Problems of Contemporary Muslim Minorities of Britain from the Perspective of Islamic Jurisprudence This thesis is submitted in partial fulfilment of the requirements for the award of the degree of Doctor of Philosophy of the University of Portsmouth & Markfield Institute of Higher Education M.M.M. Rafeek 2012 Abstract This study seeks to explore some of the main problems contemporary British Muslims encounter from the perspective of Islamic jurisprudence. In so doing, it mainly aims to shed light on the extent Muslims in Britain face problems and what impact they might have on their religious identity as well as relationship, belonging, and contribution to the wider society. In so doing, the study will strive to examine whether existing fiqh (Isalmic jurisprudence) literature is adequate to guide contemporary fiqh scholars to deal with such issues effectively and how some contemporary answers to such issues are inappropriate. If that is the case, what would be the way forward jurists should take to find appropriate solutions? Hence, this study will use qualitative methodology to investigate such issues and questions and it will lead the study to emphasise the necessity to find answers to such problems and a mechanism to handle them, which this study would seek to suggest as a jurisprudential approach called fiqh al-aqalliyyāt al-Muslimah (Islamic Jurisprudence for Muslim Minorities) based on values, principles, universalities, and higher objectives of Islamic law: maqāsid al-Sharī‘ah (Purposes of Islamic Sharī‘ah) presented by revisiting textual sources of Islamic law as well as lived examples of early generations of Islam. -
Riba, Interest and Six Hadiths
Riba , Interest and Six Hadiths: Do We Have a Definition or a Conundrum? Dr. Mohammad Omar Farooq Associate Professor of Economics and Finance Upper Iowa University June 2006 [Draft; Feedback welcome] The Readers are highly encouraged to read another of my essays "Islamic Law and the Use and Abuse of Hadith " before this one to better follow and appreciate this essay. NOTE for fellow Muslims: Because this topic involves what is haram (prohibited) and halal (permissible) in Islam, every Muslim MUST do his/her own due diligence and conscientiously reach own position/decision in regard to personal practice. In doing so regarding this matter or any other aspect of life, Muslims should seek guidance from the Qur'an and the Prophetic legacy. Each hadith is properly referenced, but for internal reference within this essay, in the sequence presented, each hadith is numbered with # H-. Some of the references in this essay are from secondary sources. As the draft takes it final shape, original sources would be gradually cited and replace the secondary source citations. "There is nothing prohibited except that which God prohibits ... To declare something permitted prohibited is like declaring something prohibited permitted." Ibn Qayyim 1 I. Introduction The Qur'an categorically prohibits riba . However, since there is no unanimity about the definition or scope of this prohibition, we will use the original term riba throughout this essay. In the Qur'an it is specified: Those who devour riba will not stand except as stands one whom the Evil One by his touch hath driven to madness. That is because they say: "Trade is like riba 1 Quoted in Abdulkader Thomas (ed.) Interest in Islamic Economics: Understanding Riba [Routledge, 2006, p. -
The Political Economy and Underdevelopment of the Muslim World: a Juridico-Philosophical Perspective
This is a repository copy of The Political Economy and Underdevelopment of the Muslim World: A Juridico-Philosophical Perspective. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/136301/ Version: Accepted Version Article: Ebrahim, MS and Sheikh, M (2018) The Political Economy and Underdevelopment of the Muslim World: A Juridico-Philosophical Perspective. Arab Law Quarterly, 32 (4). pp. 385-412. ISSN 0268-0556 https://doi.org/10.1163/15730255-12324051 This paper is protected by copyright. This is an author produced version of a paper published in Arab Law Quarterly. Uploaded in accordance with the publisher's self-archiving policy. Reuse Items deposited in White Rose Research Online are protected by copyright, with all rights reserved unless indicated otherwise. They may be downloaded and/or printed for private study, or other acts as permitted by national copyright laws. The publisher or other rights holders may allow further reproduction and re-use of the full text version. This is indicated by the licence information on the White Rose Research Online record for the item. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ Forthcoming, Arab Law Quarterly A - M. Shahid Ebrahim,a and Mustapha Sheikhb a University of Durham, Durham UK and New York University, Abu Dhabi, UAE b University of Leeds, Leeds, UK [email protected]; [email protected] A This paper studies the relation between Islam and economic development from a juridico-philosophical perspective. -
Islam and the Rule of Law. Between Sharia and Secularization
ISLAM AND THE RULE OF LAW BETWEEN SHARIA AND SECULARIZATION Birgit Krawietz Helmut Reifeld (Hrsg.) ISBN 978-3-938926-86-6 IM IM www.kas.de PLENUM CONTENT 5 | PREFACE Gerhard Wahlers 9 | INTRODUCTION Birgit Krawietz 17 | I. JUSTICE as A POLITICAL AND LEGAL ORGANIZING priNCipLE 19 | JUSTICE AS A POLITICAL PRINCIPLE IN ISLAM Werner Ende 35 | JUSTICE AS A PERVASIVE PRINCIPLE IN ISLAMIC LAW Birgit Krawietz 49 | II. CONSTITUTION BUILDING 51 | WAYS OF CONSTITUTION BUILDING IN MUSLIM COUNTRIES – THE CASE OF INDONESIA Masykuri Abdillah The published statements reflect the opinion of their authors, 65 | WHERE IS THE “ISLAM” IN THE “ISLAMIC STATE”? but not institutional positions of Konrad-Adenauer-Stiftung. Farish A. Noor © 2008, Konrad-Adenauer-Stiftung e.V., Sankt Augustin/Berlin 71 | THE INFLUENCE OF RELIGIOUS CLAUSES ON All rights reserved. CONSTITUTIONAL LAW IN COUNTRIES WITH AN No part of this publication may be reproduced or utilised in any form or by any ISLAMIC CHARACTER means, electronical or mechanical, without permission in writing from the Naseef Naeem publisher. Design: SWITSCH Kommunikationsdesign, Köln. 81 | THE SUDANESE INTERIM CONSTITUTION OF 2005 – Cover photo: (c) Das Bild des Orients, www.das-bild-des-orients.de A MODEL TO ESTABLISH COEXISTENCE BETWEEN AN Photographer: Joachim Gierlichs, 2003. ISLAMIC AND A SECULAR LEGAL REGIME Translation of German statements: WB Communication, Germersheim. Printed by Druckerei Franz Paffenholz GmbH, Bornheim. Markus Böckenförde Printed in Germany. Printed with the financial support of the Federal Republic of Germany. ISBN 978-3-939826-86-6 5 PREFACE 91 | III. reLIGIOUS versUS seCULar LAW? 93 | ISLAM, CONSTITUTION, CITIZENSHIP RIGHTS For the Konrad-Adenauer-Stiftung, strengthening and devel- AND JUSTICE IN MALAYSIA oping structures that support the rule of law is one of the Norani Othmann most important objectives and elements of its global inter- national cooperation. -
Sirat According to Mu'tazila and the Response of Sunnites to Them
Journal of Philosophy, Culture and Religion www.iiste.org ISSN 2422-8443 An International Peer-reviewed Journal Vol.17, 2016 AL - SIRAT ACCORDING TO MU'TAZILA AND THE RESPONSE OF SUNNITES TO THEM Dr.Ahmad M.M .AL Huneiti * *Assistant professor, Sharia and Fundamentals of Religion College ,King Khalid University ,Kingdom of Saudi Arabia Abstract Praise be to Allah; All Prayers and Blessings of Allah be upon our master, the most noble Prophet Muhammad (Allah’s blessing and peace be upon him and upon his family and companions). This research deals with the topic (Al - Sirat according to Mu'tazila and the response of Sunnites to them). I have researched an ample amount of books and resources in order to achieve a broad understanding of this topic and all matters related to it, where I gathered, scrutinized, abridged and criticized the material. I have clarified issues which no scholar had ever discussed in detail, and I highlighted issues no one had ever approached; This is what will be, God willing, evident throughout the research, "May Allah grant me success in this endeavor”. Keyword : Al - Sirat , Mu'tazila, Sunnites, 1.1 First: Definition of Al – Sirat: Linguistic definition of Al – Sirat: The path; it is a bridge elongated over Hell.1 “And squat not on every road, breathing threats, hindering from the path of God”; Al – Sirat, also pronounced: Al –Sirat & Al –Zirat: means the path 2. According to Sharia, Al-Ghazali 3 defined Al – Sirat as a bridge elongated over Hell4 Al-Juwayni 5 defined Al – Sirat as a bridge elongated over Hell, which the earlier ones and the later ones must pass on.6 Aegean 7 said: “I know that Al– Sirat is a bridge elongated over Hell which the believers and nonbelievers must pass on 8. -
Contemporary Islamic Finance: from Socioeconomic Idealism to Pure Legalism Walid S
Chicago Journal of International Law Volume 7 | Number 2 Article 13 1-1-2007 Contemporary Islamic Finance: From Socioeconomic Idealism to Pure Legalism Walid S. Hegazy Recommended Citation Hegazy, Walid S. (2007) "Contemporary Islamic Finance: From Socioeconomic Idealism to Pure Legalism," Chicago Journal of International Law: Vol. 7: No. 2, Article 13. Available at: http://chicagounbound.uchicago.edu/cjil/vol7/iss2/13 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. Contemporary Islamic Finance: From Socioeconomic Idealism to Pure Legalism Walid S. Hegazy* Ever since the first wave of European armies reached the Mediterranean shores of the last Islamic empire in the late eighteenth century,' Western influence has dominated many important aspects of Muslim life, most notably in the areas of trade and finance. Traditional Islamic contracts and financial instruments that once prevailed in Muslim commercial markets have been replaced by Western financial instruments and institutions. The wholesale adoption of the French civil code (or the Napoleonic Code) by most Middle Eastern countries is unambiguous evidence of the magnitude of such European influence. By the beginning of the twentieth century, many pro-independence political movements began to form strong resistance to Western influence and colonial insensitivity to Islamic culture and social values. Some movements, such as the Egyptian Muslim Brothers Movement (Harakat al-Ikhwan al-Muslimin), joined their demands for political independence with demands for adopting homegrown and Islamic-inspired social and economic reforms. -
An Analysis of the Hiyal Syariyyah Concept Pertaining to Deferred Products in Malaysia
International Journal of Academic Research in Business and Social Sciences Vol. 9 , No. 6, June, 2019, E-ISSN: 2222-6990 © 2019 HRMARS An Analysis of the Hiyal Syariyyah Concept Pertaining to Deferred Products in Malaysia Sumayyah Abdul Aziz & Nadhirah Nordin To Link this Article: http://dx.doi.org/10.6007/IJARBSS/v9-i6/5945 DOI: 10.6007/IJARBSS/v9-i6/5945 Received: 10 April 2019, Revised: 25 May 2019, Accepted: 05 June 2019 Published Online: 28 June 2019 In-Text Citation: (Aziz & Nadhirah Nordin, 2019) To Cite this Article: Aziz, S. A., & Nadhirah Nordin. (2019). An Analysis of the Hiyal Syariyyah Concept Pertaining to Deferred Products in Malaysia. International Journal of Academic Research in Business and Social Sciences, 9(6), 259–270. Copyright: © 2019 The Author(s) Published by Human Resource Management Academic Research Society (www.hrmars.com) This article is published under the Creative Commons Attribution (CC BY 4.0) license. Anyone may reproduce, distribute, translate and create derivative works of this article (for both commercial and non-commercial purposes), subject to full attribution to the original publication and authors. The full terms of this license may be seen at: http://creativecommons.org/licences/by/4.0/legalcode Vol. 9, No. 6, 2019, Pg. 259 - 270 http://hrmars.com/index.php/pages/detail/IJARBSS JOURNAL HOMEPAGE Full Terms & Conditions of access and use can be found at http://hrmars.com/index.php/pages/detail/publication-ethics 259 International Journal of Academic Research in Business and Social Sciences Vol. 9 , No. 6, June, 2019, E-ISSN: 2222-6990 © 2019 HRMARS An Analysis of the Hiyal Syariyyah Concept Pertaining to Deferred Products in Malaysia Sumayyah Abdul Aziz & Nadhirah Nordin Faculty of Islamic Contemporary Studies, Universiti Sultan Zainal Abidin, Gong Badak Campus, Kuala Nerus, Terengganu, Malaysia. -
Adultery and Fornication in Historical Perspectives
261–285 ADULTERY AND FORNICATION IN HISTORICAL PERSPECTIVES Lenka Bezoušková*, Antonín Lojek** Abstract: This paper deals with the delicts of adultery and fornication. It presents rules related to this delict by referring to the individual pieces of regulation valid within the geographic area of our country and pointing out similarities with rules applicable for these delicts in the Islamic law, especially focusing on the possibility to punish – whether it is capital punishment, lashing or exile. While in our geographical region criminal prosecution has been completely abandoned, the traditional Islamic law still contains these punishments. Keywords: adultery, fornication, zinā, hadd, Islamic criminal law, reception of Roman law, principle of monogamy INTRODUCTION Adultery is an ancient delict that has been prosecuted and punished for centuries and as unlawful behavior it was being suppressed. Legal history of this delict show that cen- turies ago Christians and Muslims, but also Jews, were much closer in the understanding of this delict and its punishment than we might imagine today. The delicts of adultery and fornication, as we can see them in the Islamic law, were very well known and punished in the geographical region of today European states, but also elsewhere, from ancient times. Perhaps the first legal regulation prohibiting extramarital intercourse can be found in the Hammurabi Code from around 1750 BC, under which the offenders (adulterous woman and her lover) were to be punished by being thrown into water, in which they were to drown. Also in other cultures adultery was punished in various ways.1 Punishments for adulterers became less severe in Europe in the 19th century. -
Hadith Status and Role
- HADITH• STATUS AND ROLE An Introduction to the Prophet's Tradition Sayyed Abul al-I:Iasan (All I:Iasani Nadwi UK ISLAMIC ACADEMY www.abulhasanalinadwi.org @ UK Islamic Academy, 2005 C.E. / 1426 A.H. ISBN 1 872531 75 X (PB) All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prim permission of the copyright owner. Translated and Edited hy Adil Salahi General Editor: Iqbal Ahmad Azami Published by UK Islamic Academy 147 Mere Road, Highficlds, Leicester, LE5 5GQ United Kingdom Website: www.ukiabooks.corn E-mail: [email protected] British. Library Cataloguing irl Publication Data A catalogue record for this book is available from the British Library Design and Typeset by Muhammad al-Madani :_,. ",",.~. , ~. __ 0 www.abulhasanalinadwi.org CONTENTS Introduction................................................................. 3 I: AN INTRODUCTION TO THE STUDY OF I:IADITH Divine Wisdom Reflected by Hadith Sciences ... 10 As Prophethood is Sealed............................................ 11 Detter than Statues and Legends.................................. 11 A Standard Measuring the Community's Worth ..... ..... 12 Strong Motive for Reform and Resisting Deviation.... 14 Delayed Documentation in the First Generation......... 14 Hadith Collection and Documentation....................... 16 Early Collection and Documentation. 18 The Six Authentic Collections 19 Biographical Notes on the Authors of the Six Authentic Collections.... 22 Imam al-Bukhari, author of al-jami ( al-~al:l!I:l.............. 23 Imam Muslim ibn al-Hajjfij al-Qushayii 28 Imam Abu Dawud al-Sijistani 30 Imam al- Tirmidhi 32 Imam Ibn Majah......................................................... 34 Imam al-Nasii'I 35 Imam Malik ..; 36 Other Hadith Collections 39 Disciplines Introduced to Serve I:Iadi"th...................... -
Islamic Legal Histories
UC Berkeley Berkeley Journal of Middle Eastern & Islamic Law Title Islamic Legal Histories Permalink https://escholarship.org/uc/item/6dz390dj Journal Berkeley Journal of Middle Eastern & Islamic Law, 1(1) Author Shalakany, Amr. A. Publication Date 2008-04-01 DOI 10.15779/Z38CC7W Peer reviewed eScholarship.org Powered by the California Digital Library University of California Islamic Legal Histories Amr A. Shalakany INTRODUCTION . 2 I. DOMINANT HISTORIOGRAPHY DEFINED: THE SCRIPTURAL APPROACH. 4 A. The Four Premises of Dominant Historiography . 9 l. Islamic Law is Shari'a . 10 2. Shari'a is not Siyasa . 16 3. Shari' a/Siyasa: History up to the Colonial Encounter. 21 4. Modemityffradition: The Postcolonial Condition . 24 B. The Difficulty with Naming the Dominant Historiography . 28 1. Why are Schacht and Coulson not just Orientalists? . 28 2. Scripturalism and the Modem Transformation of Islam . 33 II. DOMINANT HISTORIOGRAPHY APPLIED: SCRIPTURAL SODOMY LAW . 39 A. Premise #1 Applied: Liwat under Shari'a . 40 1. Foreground Norms on Liwat . 42 2. Background Norms on Evidence and Procedure . 46 B. Premises #2 and #3 Applied: Sodomy under Ottoman Qanun . 51 C. Premise #4 Applied: Liwat!Fujor and Modemityffradition . 56 III. DOMINANT HISTORIOGRAPHY RECONSIDERED: FROM VARIATIONS TO A NEW STREAM? . 59 A. Anti-Orientalist Variations on the Dominant Historiography.... 62 1. Variation #1: Refine Shari'a's Stages of Development..... 63 2. Variation #2: Refine Closing the Gate of ljtihad . 64 3. Variation #3: Refine the Minor Sources of Shari'a........ 66 B. Towards a New Historiography?. 67 1. Siyasa and Mamluk Evidence Law . 68 2. Early Ottoman Interlude: Qanun and Siyasa .