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Addresses the emergence of legal maxims and it's operation in different legal fields. He also compares with western legal works and modern law as applied mainly in Pakistan. In addition, he provides a translation and occasional commentary on Karkhi and excerpts from Dabusi and Ibn Nujaym. It demonstrates in detail how legal maxims were utilised by jurists.
There is unanimous agreement among Muslim jurists that riba is prohibited strictly by the texts of the Qur’an as well as by those of the Sunnah. When it comes to the identification of the transactions that would fall under the prohibition of riba, however, there is some disagreement among the scholars. Hopefully this book will enrich the debate about Islamic banking by raising new issues.
This book presents usul al-fiqh, or Islamic legal theory, as comprising three major theories or methodologies. Each had a distinct function to perform in the development of Islamic law. The first theory is shown to be based on the operation of general principles and the analytical method, the methodology of the second incorporates strict interpretation and analogy, while the third theory is based on the purposes of the Islamic shari'ah. The book presents the content of Islamic legal theory in a manner that reflects the traditional approach, but takes into account the needs of the modern lawyer, judge and scholar.