Issues in Islamic Law

Contents: Preface. 1. Law and morality: a comparative assessment/Abdul Haseeb Ansari. 2. Islamic perspectives on environmental and waste management issues/Suleyman A. Muyibi, Parveen Jamal and Hamzah Mohd. Salleh. 3. Fatalism as a factor for economic complacency: a reflection on its pros and cons from Islamic standpoint/Israr Ahmad Khan. 4. Pre-trial rights of the accused: an approach under Malaysian and Islamic criminal justice systems/Mohammad Akram and Abdul Rahman Awang. 5. Registration of companies: an overview from the Malaysian law and the Islamic law perspectives/Zuhairah Ariff Abd Ghadas. 6. Ethical and religious dimensions in robot creation industry/A.O. Shuriye. 7. Debt financing instruments in Islamic banking requirements for formation/Hafiz Ali Ismail. 8. Infusing Qur'anic moral injunctions into engineering studies: selected themes/Abdi Omar Shuriye and Sr. Yulisa Bt. Mohd. Yusoff. 9. Al-Musannaf of ABD Al-Razzaque Al-San'ani: an evaluation of its history and methodology/Mohammad Abullais Al-Khayrabadi and Israr Ahmad Khan. 10. Religious and ethical values in promoting environmental protection in the land use planning system: lessons for Asian countries/Ainul Jaria Maidin. 11. Jurisprudential interpretation of the Qur'an: a critical study of Al-Jassas' methodology/Israr Ahmad Khan. 12. Law and justice: a comparative appraisal/Abdul Haseeb Ansari. 13. Rights and duties in civil law and Shariah: a comparative appraisal/Abdul Haseeb Ansari and Saad Abu Elgasim. 14. The concept of Talaq under Muslim law: modern judicial solicitudes/Shaber Ali G. 15. An outlook of the Muslim women's right to divorce/Bhagirathi Panigrahi. Index.

"From the Islamic point of view also, jurisprudence can be said to be a scientific study of legal precepts in the light of techniques and relevant rules of other related disciplines that are in conformity with injunctions contained in the Qur'an and the Sunnah. Principles of law are in the form of commands having divine wisdom have been made known to the man through the Qur'an and the Sunnah of the prophet (saw) (Prophetic traditions: what prophet did, decided on disputes and asked people to do or abstain from doing). The Sunnah comprises principles derived from ahadith (plural of hadith, narrations by prophet's companions about what prophet did in his life, decided on disputes and asked people to do or abstain from doing). They together constitute the basic source of legal principles. Since they provide only basic principles, detailed rules and rules to meet the challenges erupting in the society are required to be made by followers of Islam themselves. Islam, thus, encourages its followers to further develop the law through various suggested means by application of human reason. But the validity of laws, based on human wisdom, has to be determined on the basis of the basic sources, the Qur'an and the Sunnah. Any man-made law if does not conform to them, stands invalid and thus not to be followed, unless there are compelling circumstances. Even in these circumstances any man-made law has to be followed in a limited form, with a predominant sense of reluctance. For example, Muslim jurists are of the opinion that haram (prohibited) things become halal (allowable) in a compelling circumstance, like a medicine had alcohol, which is necessary to be taken, and any non-alcoholic alternative is not available. A Muslim can take that medicine only in a limited quantity, as determined by the doctor, with a predominant sense of reluctance. Broadly speaking, mouthwash and cough syrup having alcohol are not permissible because both have non-alcoholic alternatives." (jacket)