Al-Shāfiʿī’s position on analogical reasoning in Islamic criminal law: human rights implications

QR Code

Al-Shāfiʿī’s position on analogical reasoning in Islamic criminal law: human rights implications

Al-Shāfiʿī (d.204/820) has been unreservedly credited as one of the designers, if not the “master architect,” of uṣūl al-fiqh (Principles of Islamic jurisprudence). His most important scholarly work, Al-Risālah (The Epistle), clearly demonstrates his cognitive creativity in this field. One of the me...

Full description

Bibliographic Details
Main Author:	Zakariyah, Luqman
Format:	Proceeding Paper
Language:	English English
Published:	2013
Subjects:	KBP Islamic Law
Online Access:	http://irep.iium.edu.my/33695/ http://irep.iium.edu.my/33695/1/Contemporary_Fiqh_Acceptance_letter.pdf http://irep.iium.edu.my/33695/5/Tentative_Program_CHRI2013__Contemporary_Fiqh_2013.pdf

Similar Items

Al-Shāfi’ī’s position on analogical reasoning in Islamic criminal law: Jurists debates and human rights implications
by: Zakariyah, Luqman
Published: (2016)

Legal maxims in Islamic criminal law: theory and applications
by: Zakariyah, Luqman
Published: (2015)

Islamic legal maxims for attainment of maqasid-al-shari‘ah in criminal law: reflections on the implications for Muslim women in the tension between Shari‘ah and western law
by: Zakariyah, Luqman
Published: (2012)

Beyond textuality in Islamic legal exegesis: intertextuality and hypertextuality for codifying legal maxims of Islamic criminal law
by: Zakariyah, Luqman
Published: (2014)

Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law
by: Zakariyah, Luqman
Published: (2013)

Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures
by: Zakariyah, Luqman
Published: (2012)

Islamic criminal law and human rights
by: Wan Muhammad, Ramizah
Published: (2012)

The legal position and constitutional framework in the implementation of Islamic criminal law
by: Shuaib, Farid Sufian
Published: (2017)

al-Maslahah al-Mursalah as a source of Islamic law and its relevance to political dispensation
by: Zakariyah, Luqman
Published: (2017)

Mediation in Islamic criminal law
by: Hussin, Nasimah
Published: (2010)

Redefining reproductive rights through a harmonised approach of international human rights law and Islamic law
by: Zawawi, Majdah
Published: (2009)

The Islamic criminal laws: hudood, qisas and ta'zir laws
Published: (2004)

Issues on enforcement of Islamic criminal law in Malaysia
by: Ab Aziz, Shamrahayu
Published: (2011)

Codification of Islamic Law in the Muslim world: Political intrusion and professional Egoism
by: Zakariyah, Luqman
Published: (2017)

Legal analogy in Islamic law and common law: Masalik Al-'Illah, obiter dicta and distinguishing compared
by: Zawawi, Majdah
Published: (2002)

Examining the integration of Shafii principles under the Philippines Muslim personal laws
by: Tagaranao, Mariam Saidona, et al.
Published: (2018)

Precedents and the role of analogy in Common Law and Islamic Law
by: Mohammad, Mohammad Tahir Sabit, et al.
Published: (2019)

Redefining reproductive rights through a harmonised approach of international human rights law and Islamic law
by: Zawawi, Majdah
Published: (2011)

Parameter of "fundamentals" determination of criminal penalties for women by Islamic criminal law in hudud cases
by: Muhammad Husni, Ahmad, et al.
Published: (2012)

The implementation of syariah criminal offences and human rights issues in Malaysia
by: Wan Muhammad, Ramizah
Published: (2017)

The application of mediation (Suhl) in Islamic criminal law
by: Ab Aziz, Norjihan, et al.
Published: (2016)

The contribution of Fiqh al-Jinayat (Islamic Criminal Law) to the planning of a safe city
by: Ahmad Sarkawi, Azila, et al.
Published: (2008)

Punitive justice in the Malaysian criminal law and its sustainability: balancing the rights of offenders with those of the victims
by: Hussin, Nasimah
Published: (2011)

اعتراضات العلماء على قبول القياس كدليل شرعي: نظرة أصولية تحليلية = Scholars’ objections on reasoning analogy (al-qiyas) as proof of Islamic law: an analytical jurisprudential study
by: Mochammad Sahid, Mualimin, et al.
Published: (2018)

Necessity as a pretext for violation of Islamic commercial Law: a scenario of mortgage contract in the UK
by: Zakariyah, Luqman
Published: (2012)

Legal issues on enforcement of Islamic criminal law in Malaysia: a suggestion for improvement
by: Ab Aziz, Shamrahayu
Published: (2009)

The application of Islamic criminal law in Aceh: challenges and way forward
by: Wan Muhammad, Ramizah, et al.
Published: (2017)

منهجية مراعاة حقوق المسجون في التشريع الجنائي الإسلامي المعاصر = The methodology of protecting the rights of the prisoner in contemporary Islamic criminal law
by: Ibrahim Mohamed, Hossam El Din, et al.
Published: (2019)

Administration of Islamic Law and human rights: the basis and its trajectory in Malaysia
by: Shuaib, Farid Sufian
Published: (2018)

Police powers in the enforcement of Islamic criminal law
by: Ab Aziz, Shamrahayu
Published: (2010)

Jamal Al-Banna`s position on Islamic legal rulings of Hijab and apostasy
by: Zakariyah, Habeebullah
Published: (2017)

Restorative justice in Islamic Law: application in Malaysian legal history and the criminal justice system
by: Ali Tajuddin, Hanifah Haydar, et al.
Published: (2018)

Criminal responsibility and its exceptions: harmonization between Islamic Criminal Law (al-Jinaei Islami) and Malaysian Penal Code
by: Mohamad Yunus, Mohamad Ismail
Published: (2020)

Human rights from an Islamic perspective
by: Laluddin, Hayatullah, et al.
Published: (2011)

Aspects of Islamic law for halal products and services in a new era: spiritual, legal and moral dimensions
by: Zakariyah, Luqman
Published: (2018)

Codification of Islamic law in the Muslim world: political intricacy and professional egoism
by: Zakariyah, Luqman
Published: (2013)

The relationship between the purposes of the law and legal reasoning
by: Laluddin, Hayatullah, et al.
Published: (2012)

Justice to god injustice to human: assessment of the jurisdiction of Hisba in public domain
by: Zakariyah, Luqman
Published: (2013)

Administration of Islamic law and human rights: The basis and its trajectory in Malaysia
by: Shuaib, Farid Sufian
Published: (2017)

Parental rights to maintenance under Islamic law
by: Hj Ibrahim, Badruddin, et al.
Published: (2007)