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.
Part One: The Methodology of 'Istihsan'; Introduction; Meaning and Definition; Historical Perspective; 'Istihsan', 'Maslahah' and Custom; Types of 'Istihsan'; Proof ('hujjiyyah') of 'Istihsan'; The Argument Against 'Istihsan'; 'Istihsan' and the Particularisation ('takhsis'); A Review of the Methodology of 'Istihsan'; Part Two: Contemporary Applications; Introduction; The Issue of 'Qabd' (taking possession); Issues pertaining to 'Awqaf' (charitable endowments); Issues in Islamic Banking; The Issue of Unclaimed Assets; Conclusion; Glossary; Bibliography; Index.
Series: Fundamental Rights and Liberties in Islam Series
Number Of Pages: 152
Published: 27th February 2013
Publisher: The Islamic Texts Society
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6
Weight (kg): 0.24