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An Outline of Islamic Jurisprudence is a salient effort at
addressing the dearth of materials in the English language in the
somewhat complex subject matter of classical jurisprudence. It
highlights the uniqueness of Islamic jurisprudence as a developed
system because of its exactitude in terms of meaning, province and
scope. The book serves as a handy introductory text on the basic
principles of Islamic jurisprudence for judges, lawyers,
academicians, especially law lecturers, students of law
specialising in Islamic law, and the general public. Dedication-
Acknowledgements - Preface - Glossary- Chapter 1 Introduction to
Islamic jurisprudence Preamble; Definition of Fiqh; Definition of
Usul; Definition of Usul al-Fiqh]; Chapter 2: Shari'ah - Islamic
law Definition of Islamic Law; Elements (Arkan) of Islamic Law];
Chapter 3: Obligations and duties Introduction; Obligations created
by the Hukm (rule of law); Duties created by the Hukm (rule of
law); Chapter 4: Declaratory rule (Hukm Wad'i) Classification of
declaratory rule]; Chapter 5: Legal capacity (Ahliyyah)
Introduction; Definition of Ahliyyah; Types of Ahliyyah;
Classification of legal capacity; Factors affecting complete legal
capacity]; Chapter 6: Right - Haqq Introduction; Classification of
rights; Classification of rights in Islamic criminal law]; Chapter
7: The sources of Islamic law Introduction; Definition; The
classification of the sources; The order of the sources]; Chapter
8: The primary sources Introduction; Holy Qur'an; Compilation of
the Holy Qur'an; The difference in the two compilations; Holy
Qur'an as the primary source; Ijma - consensus of opinion]; Chapter
9: The secondary sources Introduction; Qiyas - analogical
deduction; Istihsab - juristic equity or preference; Maslahah
Mursalah or Istislah - considerations of public interest or
extended analogy; Istishab - presumption of continuity; Urf -
custom; Sadd al-Dhara'i - blocking the means]; Chapter 10: Ijtihad
Introduction; Authority for the exercise Ijtihad; Types of Ijtihad;
Taqlid]; Bibliography; Index Dr Yahaya Y. Bambale, former Head,
Department of Islamic Law, and Assistant Dean for both
undergraduate and postgraduate studies in the Faculty of Law,
Ahmadu Bello University, Zaria, Nigeria, is a Reader. His currently
on sabbatical leave at the IBB University, Lapai, Niger State of
Nigeria where he is the Dean of Students. He is the author of
Crimes and Punishment Under Islamic Law.
Dedication - Foreword - Preface- Abbreviations; Chapter 1: Concept
of ownership Classification of ownership; The mode of acquiring
ownership of property; The lawful ways of acquiring private
ownership; Property and its classifications]; Chapter 2: Work The
best and dignified work; The classification of work; The physical
and manual work; The office work (salaried employment);The
intellectual work; The qualities of a good worker; Rights and
protection of worker; Unemployment]; Chapter 3: Sale Types of sale;
Conditions of valid sale; Conduct of the parties in a sale
transaction; The lawful and unlawful sale transactions]; Chapter 4:
Gift Gift distinguished from other related concepts; Gift
distinguished from sadaqah (alms, deed); Gift distinguished from
ariya; Conditions for a valid gift; Structure of a gift; Donation
subject-matter (Al-mawhub); Revocation of a gift]; Chapter 5:
Testate succession Types of will; Void and voidable will; Object of
making a will; Form of will; Revocation of a will; The lapse of a
will]; Chapter 6: Intestate succession Definition; Pre-Islamic law
relating to succession; Constituents of succession (Arkanul -
Mirath); Grounds of inheritance; Liabilities of the deceased; Legal
heirs; The fractions in succession]; Chapter 7: Legal impediments
to acquisition of property; Introduction; Fraud (Gish/Ghabn);
Hoarding (Ihtikar); Bribery (Rashwah); Death-sickness gift (Ahwal
Mard-ul-Mawt); Theft (Sariqah); Impediments to inheritance
(Mawani'al-Irth); Bibliography; Index Dr Yahaya Y. Bambale, former
Head, Department of Islamic Law, and Assistant Dean for both
undergraduate and postgraduate studies in the Faculty of Law,
Ahmadu Bello University, Zaria, Nigeria, is a Reader. His currently
on sabbatical leave at the IBB University, Lapai, Niger State of
Nigeria where he is the Dean of Students. He is the author of
Crimes and Punishment Under Islamic Law.
This is an apt publication for modern times, in which 'Sharia' has
become a byword for an unacceptable social system, and is vilified
as such; when crime is rife in communities governed by Sharia; and
when in the non-Islamic West, the Islamic social and criminal
justice systems are subject to intense public scrutiny and
criticism, but remain little understood. The author presents a
clear and factual account of the Islamic criminal justice system,
expounding what he considers to be the real issues of Sharia, often
ignored or misrepresented by both Islamic and Western scholars, and
explaining its wider Islamic context and ethics, its Arabic roots,
classical heritage and terminology, and its relevance to
contemporary Muslim societies. Contents: concept of crime; features
of Islamic criminal liability; defences to Islamic criminal
liability; 'Hudud' crimes; 'Zina' - adultery or fornication;
'Qadhf' - slander or false accusation; 'Hadd' offence of
'al-sariqa' - theft; 'Hadd' offence of 'shurbul khamr' - wine
drinking; 'Hiraba' - brigandage or highway armed robbery; 'Riddah'
- apostasy; 'Baghye' - rebellion or treason; 'Qisas - retaliation;
'Ta'azir' punishment.
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