Islamic substantive law, otherwise called branches of the law
(furA"' al-fiqh), covers the textual provisions and jurisprudential
rulings relating to specific transactions under Islamic law. It is
to Islamic substantive law that the rules of Islamic legal theory
are applied. The relationship between Islamic legal theory and
Islamic substantive law is metaphorically described by Islamic
jurists as a process of 'cultivation' (istithmAE r), whereby the
qualified jurist (mujtahid), as the 'cultivator', uses relevant
rules of legal theory to harvest the substantive law on specific
issues in form of 'fruits' (thamarAE t) from the sources. The
articles in this volume engage critically with selected substantive
issues in Islamic law, including family law; law of inheritance;
law of financial transactions; criminal law; judicial procedure;
and international law (al-siyar). These areas of substantive law
have been selected due to their contemporary relevance and
application in different parts of the Muslim world today. The
volume features an introductory overview of the subject as well as
a comprehensive bibliography to aid further research.
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