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Fiqh & Law

The Methodology of Ijtihad
The Methodology of Ijtihad
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Details:  Theories of Islamic Law - The Methodology of Ijtihad, New,
*[A5+] Large Paperback - 356 pages,
by Imran Ahsan Khan Nyazee,
Published by The Other Press, Kuala Lumpur.

Description :

The main main purpose of the book was to counter the rather simplistic view of the discipline of usul al-fiqh that it represents a single uniform theory, called the classical theory.

The view presented in this book was that there is no uniform single legal theory in Islam. The view of a uniform theory was held not only by the Orientalists, but many Muslim scholars as well. The view did not do justice to Islamic jurisprudence for it overlooked the rich diversity found in the Islamic legl system.

Instead of one, the book shows, there are at least three legal theories, each of which has been explained by the author in some detail and with remarkable lucidity. Each of these theories has played a useful role in the past and each can play even today a vital role in the development of Islamic law. Another purpose was to explain the paradox of the so-called rigidity of Islamic law at the theoretical level accompanied with a perceptible degree of laxity in practice.

The author forcefully argued that the Islamic Legal system comprises two cooperating spheres. The first sphere is relatively fixed since it is focused on given texts. This sphere falls within the domain of the jurists. The other sphere, which draws upon the general principles of Islamic law, regulates the law made by the state. These are separate but complementary spheres. Neither is the relative fixity of the first sphere a manifestation of the Muslim jurists' mental rigidity. Nor is the flexibility of the second sphere the manifestation of any cynical disregard of the revealed texts on the part of the rulers.

The book has been influential in many other ways, and has given rise to research in several new directions. First published in 1994, it is still used by teachers, researchers, university students and general readers.

Table of Contents :


---Chapter [1]. Introduction,

---Chapter [2]. Major Themes,
------Ijtihad through a grundnorm,
------Is there a common theory of interpretation?
------Separation between theory and practice,
------The problem of rights,
------Disciplines related to Usul al-Fiqh,

---Chapter [3]. The Meaning of Usul al-Fiqh,
------Usul al-Fiqh defined,
------Comparison with legal theory,

I . The Concept of Islamic Law:

---Chapter [4]. Law as the Hukm of Allah,
------The grundnorm,
------The interest of Man,
------Shari'ah and natural Law,
------Laws in cases where the Shari'ah is silent,
------The limits of Islamic Law,
------Law as a growing tree,

---Chapter [5]. Law and its Classification - The Hukm,
------Classification of primary rules,
------The Hukm wad'i or secondary rules,
------The purpose of the classification,

---Chapter [6]. The Act and the Subject,
------The nature of the act (mahkum fih),
------The subject (mahkum 'alayh),

---Chapter [7]. The Union of Primary and Secondary Rules,
------The union of rules,

---Chapter [8]. Doctrines of Hadd and the Spheres of Law,
------The spheres of Islamic law,
------A legal basis for the spheres,
------Interaction of the spheres,
------The spheres of law and hudud penalties,
------Advantages of visualising two spheres.

II.  Theories of Interpretation:

---Chapter [9]. Common Features of Interpretation,
------Interpretation in General,

---Chapter [10]. Theories of General Principles,
------The earlier jurists and their methodology,
------Main features of the Hanafi theory,

---Chapter [11]. Theories of Strict Interpretation,
------Modification of existing legal theory by Imam al-Shafi'i,
------Zahiri and Hanbali theories.

---Chapter [12]. The Theories of the Purpose of Law,
------Probable reason for evolving a new theory,
------Strict theories and the texts,
------The design of traditional legal theory and the extension of the law,
------Imam al-Ghazali's theory of the purposes of law,
------The new theory and the methodology of the jurist,
------The new theory and the development of the law.

---Chapter [13]. The Refinement of the Purpose of Law,
------Tying the strands together,
------Maqasid al-Shariah and the texts,
------The nature and structrure of the Maqasid,
------Tracing the logic of the Maqasid,
------Maqasid and the Muslim community,
------Priorities : Islamic and Western.

III. Ijtihad Today,

---Chapter [14]. Lessons From Legal History,
------A theory of Islamic law,
------The principles of Islamic law,
------The scope of Ijtihad.

---Chapter [15]. The modes of Ijtihad,
------Strategies of Islamisation,
------Ijtihad and the rule of recognition.

---Select Bibliography,

More Islamic Jurisprudence.
Darsi Usul al-Fiqh.

Dimensions : 24.4 x 16.1cm.

Current Reviews: 0

This product was added to our catalog on Sunday 15 April, 2018.