Sharia, Fiqh and Jurisprudence

Sharia, Fiqh and Jurisprudence

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The Evident Memorandum

Highlights:

The Evident Memorandum: A Translation and Commentary for Ibn al-Mulaqqin al-Shāfiʿī’s Al-Tadhkirah fi al-fiqh

This volume contains an original commentary for Al-Tadhkirah (The Memorandum), a legal primer for Islamic Law according to the later scholars of the Shāfiʿī school by Ibn al-Mulaqqin, an Egyptian scholar who died in 804 AH/1401 CE. The commentary introduces essential evidence for the core issues of Islamic Law from its primary sources (the Quran, Sunnah, legal analogy, and scholarly consensus).

The Arabic text of Al-Tadhkirah is approximately 8,500 words in length. It is two hundred words longer than Abū Shujāʿ al-Aṣfahānī (b. 433AH/1042CE)’s Matn al-ghāyat wa-l-taqrīb (published as The Ultimate Conspectus). Although the two are roughly the same size, Ibn Mulaqqin’s style is more economical than Abū Shujāʿ’s, allowing him to cover more within the same word count. And while Ibn Mulaqqin discusses more issues, he does occasionally skip a few details that Abū Shujāʿ includes.

The primary sources for comments in this book are Ibn Mulaqqin’s books of fiqh, including Sharḥ Mukhtasar al-Tabrīzī, ʿUjālat al-muḥtāj, and Khulāṣat al-fatāwī. The bulk of the commentary comes from Sharḥ Mukhtaṣar al-Tabrīzī. Comments and hadith in the commentary can be sourced back to either one of Ibn Mulaqqin’s fiqh texts or a Shāfiʿī fiqh text through an appendix that cross-references each chapter and section in this book against its sources.  Each hadith mentioned in the book is traced back to its primary sources, along with a reference to one or more of Ibn Mulaqqin’s hadith works. In the few instances where a hadith is not included in one of Ibn Mulaqqin’s works, it is referenced it to a Shāfiʿī text that does. Through this, readers can be assured that the hadiths cited here are ones that Shāfiʿīs themselves use.

Readers will find the book most beneficial after reading The Accessible Conspectus and Sharh al-Waraqat.

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The Evolution of Fiqh (H/B)

Highlights:

In The Evolution of Fiqh: Islamic Law & the Madh-habs, Dr. Bilal Philips presents a brief overview of the historical development of Islamic law and its schools of jurisprudence (the madh-habs). This authentic Islamic book on fiqh identifies the main reason for the appearance of the madh-habs and the factors leading to differences among them, with a call to understanding juristic differences and removing them where possible.

The Fiqh of Medicine

Highlights:

This book is based on the author’s doctoral thesis, Responses in Islamic Jurisprudence to Developments in Medical Science. It examines some of the most burning issues of the last four decades of the twentieth century. He examines in depth a wide range of legal and moral aspects of responsibility and medical liability within the context of the deen of Islam, with particular reference to: euthanasia, prevention and termination of pregnancy, reproduction and cloning, and transplantation. What are the bases in fiqh that guide medical practitioners in their daily work as they avail themselves of the developments in medical science?

Dr. Ahmed Abdel Aziz has provided the medical profession and fuqaha with what may well prove to be a standard reference.

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The Fiqh Of Worship; Commentary on Ibn Qudamah’s Umdat al-Fiqh (The Reliable Source of Fiqh) (H/B)

Highlights:

The Fiqh of Worship is a translation of and commentary on Ibn Qudâmah’s highly esteemed ‘Umdat al-Fiqh, an abridged book of fiqh (Islamic jurisprudence) according to the Hanbali school. Dr. Hatem al-Haj has translated and elaborated on it, noting the opinions of other schools of Islamic jurisprudence, thus giving the English-speaking student a broader base for his or her understanding of fiqh. The author has made the difficult subject of fiqh easier to learn and more comprehensible by using visual aids and a unique symbol system.

This book is a must-have for the serious student of knowledge. In the author’s words. This knowledge will only be beneficial if it is sought for Allah’s sake, coupled with compassionate devotion towards Him and diligent adherence to the way of our most beloved, Prophet Muhammad (blessings and peace be upon him). It will be retained only by frequent reviews, and confirmed by teaching it to those who are less knowledgeable. Worship, when devoutly observed and correctly performed, is the ultimate human function for which people were created, and the only way to attain the ultimate success, being the pleasure of our Lord (Exalted is He).

The Freedom of Opinion in Islam

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Highlights:

In this short but important treatise, Shaykh ‘Abdus-Salâm al-Basyoni weighs in on the ongoing global discourse about freedom of expression. He reviews the history of freedom of opinion in the West and compares that with how Islam approaches the issue. He examines the arguments in favour of unrestricted freedom of expression in light of some actual consequences. Shaykh al-Basyoni demonstrates that the freedom to express one’s opinion is a fundamental right that is respected and protected by Islamic law. He argues that this right is embedded in the laws and principles of Islam, and shows how crucial limitations placed upon freedom of opinion work to protect the rights of individuals, their privacy, their property and their honour, as well as to preserve the sanctity of human life and the security of human societies. The English translation of this book was written by Ahmad Rami ash-Shahid.

The Islamic Concept of Justice

Highlights:

The Islamic Concept of Justice By Umar Ahmed Kassir

Praise Due to Allah, We praise him, seek his Aid, and ask for his forgiveness. we seek refuge with Allah from the evil of ourselves and from the evil of our actions. Whomsoever Allah Guides, none can guide. Glory be to Allah, The One, The Self-Sufficient Master, For there is no deity but Allah. I testify that none has the right to be worshipped except Allah.

This book, on the Islamic Concept of Justice, consists essentially of a review and analysis of the basic evidence taken from the Quran and Sunnah on the subject. It seeks to show, in particular, the Quranic aspect of universal justice, which transcends the particular boundaries of any rigid framework that might otherwise have restricted the progress of humanity, as well as the concept of justice within Islam. It explains the fact that the Messengers and Prophets were sent to tech the principle of justice, among other things.

The Islamic Law of Succession (H/B)

Highlights:

Islam has given guidance to us in all aspects of life including the law of succession so that each eligible person gets the due share.

Although the distribution of inheritance is an important topic for everyone of us but books on this subject are scarcely found.

We are presenting this book to provide the readers a comprehensive overview of the whole subject according to the four main schools of jurisprudence. The text is in clear and unambiguous terms with highlighted points to understand the issues easily.

The Islamic Ruling on Music and Singing (P/B)

Highlights:

The legality of music and singing in the Islamic shari’ah (the divinely-revealed law) is an issue which is hotly debated among individuals and scholars in Islamic societies of our present day. Arriving at the correct view requires unbiased, scholarly research of the available literature which must be supported by authentic, decisive proof.

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The Methodology of Hajj and Umrah (Pocket Size) (H/B)

Highlights:

This book by the esteemed Shaykh Muhammad Salih al-‘Uthaymin, may Allah have mercy upon him, discusses the etiquettes and rulings of traveling, the rulings of Hajj and ‘Umrah, and the important beneficial points that concern every Muslim.

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The Middle Path of Moderration in Islam (H/B)

Highlights:

In The Middle Path of Moderation in Islam, leading Islamic law expert Mohammad Hashim Kamali examines the concept of wasatiyyah, or moderation, arguing that scholars, religious communities, and policy circles alike must have access to this governing principle that drives the silent majority of Muslims, rather than focusing on the extremist fringe. Kamari explores wasatiyyah in both historical/conceptual terms and in contemporary/practical terms. Tracing the definition and scope of the concept from the foundational sources of Islam, the Qu’ran and Hadith, he demonstrates that wasatiyyah has a long and well-developed history in Islamic law and applies the concept to contemporary issues of global policy, such as justice, women’s rights, environmental and financial balance, and globalization.

Framing his work as an open dialogue against a now-decades long formulation of the arguably destructive Huntingtonian “clash of civilizations” thesis as well as the public rhetoric of fear of Muslim extremism since the attacks of September 11, 2001, Kamali connects historical conceptions of wasatiyyah to the themes of state and international law, governance, and cultural maladies in the Muslim world and beyond. Both a descriptive and prescriptive meditation on a key but often neglected principle of Islam, The Middle Path of Moderation in Islam provides insight into an idea that is in the strategic interest of the West both to show and practice for themselves and to recognize in Muslim countries.

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