Synopses & Reviews
This is the first work in the English language to deal specifically with the subjects of equity and fairness in Islamic law. Prof M H Kamali takes these concepts back to their origin in the Qur'an, the sayings of the Prophet Muhammad and the era of the Companions of the Prophet in the first two centuries of Islam. This is followed by discussions of equity as a basis for the formulation of Islamic law and a comparison between it and other concepts essential for law making such as general consensus, analogical reasoning and considerations of public interest. Part Two of Equity and Fairness in Islam is an attempt to apply the concepts of equity and fairness to certain issues of contemporary concern and especially to commercial transactions. The issues raised here are related to Islamic banking, sale transactions, charitable endowments, pensions funds and other long-term saving accounts. Equity and Fairness in Islam can be read in conjunction with M H Kamali's titles especially Islamic Commercial Law.
About the Author
Mohammad H. Kamali is a professor of Islamic law at the International Islamic University in Kuala Lumpur, Malaysia. He has held numerous academic positions in Canada and the U.S., and is the author of
Freedom, Equality and Justice in Islam,
Freedom of Expression in Islam, and
Principles of Islamic Jurisprudence.
Table of Contents
Part One: The Methodology of Istihsan
Introduction
Definition
An Historical Perspective
Istihsan , Maslahah and Custom
Types of Istihsan
Proof ( Hujjiyyah ) of Istihsan
The Argument Against Istihsan
Istihsan and the Particularisation of ' Illah
A Review of the Methodology of Istihsan
Generality and Specific Quality of Words
Part Two: Contemporary Applications
The Issue of QaBook Description (taking possession)
Issues in Awqaf (charitable endowments)
Issues in Islamic Banking
The Issue of Unclaimed Assets