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Fiqh & Law

The Method of Interpretation of the Texts
The Method of Interpretation of the Texts
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Details:  Principles of Islamic Law : Usul al-Fiqh,
The Methods of Interpretation of the Texts : New,
[A5+] Large Paperback - 543 pages,
by Dr. Saim Kayadibi
Published by Islamic Books Trust.

Description :
In the past couple decades, interest in learning and teaching Islamic law has increased in both the Muslim and non-Muslim world. The popularity of Islamic banking and finance has especially triggered scholarly studies in this field, since the study of uṣūl al-fiqh is the essence of comprehending the law revealed by the Lawgiver. In order to fully implement the intention of the Lawgiver in the field of tashrī‘, as well as in Islamic banking and finance, properly learning the components of uṣūl al-fiqh is highly essential for those who are both theorists and practitioners.

A better understanding of the principles of Islamic law and the methods of interpretation of the texts is necessary to appropriately convey the message of the eternal sources to the experts, just as a driver’s licence is necessary to drive a car and a medical certificate is necessary to practice medicine − without these certificates, one may cause a serious accident or death. Such an understanding will protect students, especially those of the younger, technologically advanced generation, from reckless approaches towards aḥkām of the Qur’ān and the Sunnah.

Studying the principles of Islamic law, uṣūl al-fiqh, is as essential as studying other sciences to be qualified in Islamic sciences, since they are a manifestation of divine law, which reflects the rules (aḥkām) derived from the main sources, the Qur’ān and the Sunnah, which are simply called the Sharī‘ah.

About the Author :

Associate Professor Dr. Saim Kayadibi, PhD, is currently Deputy Director, of International Affairs Division (IAD); Senior Lecturer in the Department of Economics, Kulliyyah of Economics and Management Sciences, International Islamic University Malaysia (IIUM); holds an International Position as Chairman of European Union Halal Standards Committee; is Research Associate in the Centre for Islam and Social Sciences (SISS); and Research Associate in International Institute of Islamic Law, Management and Finance (ILMF) in Australia.

Dr. Saim was born in Turkey, studied at al-Azhar University, the University of Jordan, and obtained his MPhill and Ph.D. from Durham University, United Kingdom. He has published numerous books and articles and has taught Islamic Law in Turkey and the UK. His other areas of interest include Islamic legal theory and jurisprudence, Muslim International Law, Human Rights, and democracy, Sufism and the philosophy of Mawlana Rumi.

Table of Contents :


---[1]. Introductory Chapter Parameters of Usul al-Fiqh,
------Introduction to Usul al-Fiqh,
------Definition of Usul,
------Definitions of Fiqh,
------Shari'ah and Fiqh,
------The characteristics of the Shari'ah,
------Differences between Mujtahid and Faqih,
------Differences between Ijtihad and Taqlid,
------Differences between Muqallid and Faqih,
------The Meaning of Shari'yyah,
------The Meaning of 'Amaliyyah,
------The Meaning of Muktasabah,
------The Meaning of Adillah,
------Definition of Usul al-Fiqh,
------Qawa'id al-Fiqhiyyah and Usul al-Fiqh,

---[2]. The Sources of Islamic Law,
------The Qur'an,
------Ahkam (ordinances) of the Qur'an,
------The Sunnah,
------Ijma (concensus),
------Qiyas (analogical deduction),
------Istihsan (juristic preference),
------Istishab (presumption of continuity),
------Maslahah Mursalah (public interest) or al-Istislah,
------'Urf (customary law),
------Sadd al-Dhara'i (blocking the means),
------Qawl al-Sahabi (the saying of the Companion of the Prophet, ﷺ,)
------Shar' man qablana (revealed laws preceding to the shari'ah),
------Istiqara (Induction),

---[3]. The Hukm Shar'i (Ahkam),
------The Hakim (Lawgiver),
------The Mahkum 'alayh (the subject),
------The Mahkum Fih (the act),
------The Hukum (ruling),

---[4]. Methods of Deducing the Rules from the Sources,
------The formation of words (alfaz) (bi i'tibari isti'mal al-lafz fil ma'na),
------The General (al-amm),
------The Specific (al-khass),
------The Homonym (mushtarak),
------The Allegorical Interpretation (al-ta'wil),
------Based on the usage of the words (bi i'tibari isti'mal al-lafz fil ma'na),
------Interpretation of the text based on the degree of clarity & ambiguity of indication of words (bi i'tibari dalalat al-lafz ala al-ma'na wadihan aw ghayri wadihan),
------Hanafi and Shafi'i Approaches to Clear (wadih) Words,
------The Explicit (al-nass),
------The Unequivocal, explained (al-mufassar),
------The Perspicuous/firm (al-muhkam),
------Conflict (ta'arud) within the Clarity of Indication,
------Hanafi and Shafi'i Approaches to Unclear Words,
------The Obscure (al-khafi),
------The Difficult (al-mushkil),
------The Ambivalent (al-mujmal),
------The Intricate (al-mutashabih),
------Rules of Interpretation based on the Textual Implication (dalalat) (bi i'tibari kayfiyyat dalalat al-lafz 'alal-ma'na),
------The Explicit Meaning ('ibarah al-nass),
------The Alluded Meaning ('isharah al-nass),
------The Inferred Meaning (mafhum al-muwafaqah/dalalah al-nass),
------The Required Meaning ('iqtida' al-nass),
------The Divergent Meaning (mafhum al-mukhalafah),

---[5]. Concept of Ijtihad,
------Concept of Taqlid,
------Concept of Talfiq,
------Concept of legal loopholes (hilai shar'iyyah),
------The Maqasid al-Shariah (the higher objectives of Islamic law),

---[6]. The Abrogation,
------Ta'arud al-Adillah (conflict of evidences),


More Fiqh : Islamic Jurisprudence books,
More Islamic Studies : Darsi Kitabs.

*Dimensions : 22.9 x 15.3 x 3cm.

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This product was added to our catalog on Wednesday 26 December, 2018.