Bøger af Imran Ahsan Khan Nyazee

This book addresses the need to educate people by providing a readable text of reasonable size that covers the myriad questions that fall in the jurisdiction of that discipline. It seeks to offer both lay and specialized readers, especially university students, a handy reader which is simple and lucid. Undoubtedly, üul al-fiqh is a subject that is replete with subtleties that challenge even the most intelligent minds. It is gratifying that the author has greatly simplified the subject to serve the needs of the non-specialists. However, the simplification of the subject has gone hand in hand with thoroughness and academic rigour. This work is a significant addition to the textbooks available on the subject in English.About the AuthorImran Ahsan Khan Nyazee, born in 1945, is an Assistant Professor at the Faculty of Shari'ah and Law, International Islamic University, Islamabad, Pakistan. He obtained his law degree from Punjab University in 1969. In 1983, he was awarded a gold medal for his performance in the LL.M. (Shari'ah) programme by the International Islamic University (Pakistan). In 1987, he obtained an LL.M. degree from the University of Michigan Law School, U.S.A. Among his other works are a translation of Ibn Rushd's well-known book Bidayat al-Mujtahid, Theories of Islamic Law: The Methodology of Ijtihad, Islamic Law of Business Organization: Partnerships, Islamic Law of Business Organization: Corporations and The Concept of Riba and Islamic Banking.

First published in 1884 in Tunis, The Reconciliation of the Fundamentals of Islamic Law (or al-Muwafaqat fi Usul Al-Sharai'a), written by Ibrahim ibn Musa Abu Ishaq al-Shatibi, was an innovation in Islamic jurisprudence. It was the first book to address the objectives of the shari'a. The difficulty that some may find in comprehending some of its parts may be attributed to the fact that it was the first time that the codification of the maqasid or objectives of the shari'a was undertaken. The book has been a source of inspiration, moderation, and renewal in fiqh. However, it deals with much more than the maqasid, and substantial research is needed to unravel its full contribution. The Author described the contents of his book as follows: When the concealed secrets began to be revealed...I started collecting their unique meanings...I did this to the extent of my ability and strength, while elaborating the purposes of the Book (Qur'an) and the Sunna...organizing these precious gems and gathering these benefits into meanings that have re-course to the principles helping in their comprehension and attachment, and I merged them with the interpretation of principles of fiqh and organized them on a shining and radiant string. The resulting book is divided into in five parts: the fundamental concepts of the discipline; the ahkam (rules) and what is related to them; the legal purposes of the shari'a and the ahkam related to them; the comprehensive treatment of the adilla (evidences); and the rules of ijtihad and taqlid. The translation of the third part, dealing with the purposes of the shari'a is presented in the Volume II.

Islamic jurisprudence or usul al-fiqh provides the foundation for any meaningful study of Islamic law. The present book has been in the field for more than a decade and has received a positive response from many quarters. It is used as a textbook in a number of university courses. The information in the book was kept to a bare minimum; it was generally considered sufficient to understand the sources of Islamic law along with the basic methods of interpretation, also called ijtihad. Over the years, however, students have shown an eagerness to know more. They have raised many questions whose answers the book does not provide, because the book was not intended to answer those questions. Many of these students had recourse to the Internet and raised the questions in the hope of getting the right answers. Some of the answers given were, unfortunately, incorrect or misleading, primarily because they were not given by persons qualified to do so. The activity still continues and is gathering pace. It was also realized that there were several questions that had not been raised by the students and general readers, but these were questions that should have been asked. A catalogue of the questions asked, and those not asked, gave rise to the need to revise the present book. One main issue that was a cause of concern was that, even after reading the book, most readers fail to distinguish between the meaning of usul al-fiqh as sources and usul al-fiqh as a discipline. The phrase "usul al-fiqh are four" has become embedded so deeply in minds that it is difficult to think about the meaning of the discipline itself, which is the real purpose of studying usul al-fiqh. The present, third, edition of the book has, therefore, been revised and three chapters at the end have been completely rewritten. The slight increase in the size of the book has been ignored keeping in view the significance of the issues involved. The book continues to have five parts as earlier.Supplementary learning material available for this book on our YouTube channel, "Advanced Legal Studies Institute." The relevant course is called "Islamic Jurisprudence."

The present volume is a continuation of Imran Ahsan Khan Nyazee's Islamic Law of Business Organization: Partnerships. The present volume, like the previous one, is focused on the ``Islamic Law of Business Organization.'' It builds on the theoretical principles derived from the Islamic sources which bear on business organization and were outlined in volume 1. The quintessential difference between the two volumes is that as distinguished from the previous one the present volume has a more pronouncedly practical and contemporaneous orientation. The present volume, thus, attempts to apply the principles deemed essential from the Islamic point of view to critically examining the modern corporation and in determining if there is any conflict between the principles on which it is structured and the principles of Islamic law. In this regard the present volume carefully considers the concept of corporate personality and also examines the possibility of accommodating that concept within the parameters of Islamic law. In continuation of the previous volume it has also been shown that the sharikah based model with reference to the modern corporation is far more preferable to the mudarabah based model which, as noted in the previous volume, was found defective. In the light of the above, the author attempts to develop an Islamic form of the modern corporation that would be free of riba and of other infractions of Islamic principles from which the current forms of business organization suffer. The author hopes that this Islamized corporation will have the flexibility of the modern corporation and would thus be at once Islamically sound and of contemporary relevance.

This book is about qawa`id fiqhiyyah, which are sometimes referred to as legal maxims. In reality, the qawa`id play a much wider and more effective role as compared to legal maxims. Islamic law is all about principles and rules; it has been so from the day of its birth. The reason is that principles and rules were laid down by the Qur'an and the Sunnah. A legal system is created, and understood, through principles and rules, that is, the entire edifice of law revolves around principles and rules. Further, concepts, duties and rights emerge from rules and principles, thus, providing the basic elements of which law is made. The relationship between the disciplines of usul al-fiqh and qawa`id fiqhiyyah is like the relationship between the two arms of the human body; they cooperate with each other to yield the rules of fiqh. This vital relationship has been kept concealed by separating the two disciplines and by severing the bond between them. This book attempts to uncover this relationship, and to restore the bond. Understanding this relationship will enhance understanding of the discipline of usul al-fiqh as well.

This book compares the general principles of Western criminal law with those of Islamic law. Experience indicates that some people are irritated, or find it difficult to concentrate, when the text stands completely merged during comparison of two legal systems. This book, therefore, adopts a different methodology. Under each main heading in a chapter, it presents the Western point of view first. Once this has been explained, the Islamic point of view on the same issue is stated whenever it is felt necessary or is available. This method will not only assist the reader in understanding better the two points of view, but will also help those who wish to skip either point of view. On certain occasions a complete merger is unavoidable. It should be noted that this is a preliminary book and it will not be possible to state the position of Islamic law on each point or in such detail that may be expected. This does not mean that there are no views from the perspective of Islamic law on the issue; it means that a fuller comparison can only be undertaken in a more comprehensive study.

Outlines of Islamic jurisprudence covers a number of topics of usul al-fiqh, sometimes in abridged form, that have been covered in the title on the subject of Islamic Jurisprudence by the same author. The significance of this book can only be understood through a comparison with that book. Islamic jurisprudence focuses on the discipline of usul al-fiqh and deals with it in an exhaustive way. It, thus, covers the different aspects of interpretation and theories of Islamic law. The present book includes some of the topics covered in that book. The bulk of Outlines of Islamic Jurisprudence, however, summarizes the entire law of Islam presenting it in a concise yet effective way. Property, contracts, evidence, procedure, constitutional matters and issues of Muslim personal law (family law) are dealt with efficiently. The last part of the book also includes information on the schools of law and their history. Due to the treatment of the entire Islamic law in a comprehensive way, the book is like a short encyclopedia.The book was first published in 1998 and is now in its sixth edition. It is very popular among law students, lawyers and even the general readers. Minor improvements to the book have been made over the years and it is constantly updated. Parts of the book dealing with property and contracts are taught independently as a one semester course on contracts, in particular for Islamic banking. The section on the history of the schools serves as a brief introduction to the law of Islam.Supplementary learning material available for this book on our YouTube channel, "Advanced Legal Studies Institute." The relevant course is called "Islamic Jurisprudence."

The main main purpose of the book was to counter the rather simplistic view of the discipline of usul al-fiqh that it represents a single uniform theory, called the classical theory. The view presented in this book was that there is no uniform single legal theory in Islam. The view of a uniform theory was held not only by the Orientalists, but many Muslim scholars as well. The view did not do justice to Islamic jurisprudence for it overlooked the rich diversity found in the Islamic legl system. Instead of one, the book shows, there are at least three legal theories, each of which has been explained by the author in some detail and with remarkable lucidity. Each of these theories has played a useful role in the past and each can play even today a vital role in the development of Islamic law. Another purpose was to explain the paradox of the so-called rigidity of Islamic law at the theoretical level accompanied with a perceptible degree of laxity in practice. The author forcefully argued that the Islamic Legal system comprises two cooperating spheres. The first sphere is relatively fixed since it is focused on given texts. This sphere falls within the domain of the jurists. The other sphere, which draws upon the general principles of Islamic law, regulates the law made by the state. These are separate but complementary spheres. Neither is the relative fixity of the first sphere a manifestation of the Muslim jurists' mental rigidity. Nor is the flexibility of the second sphere the manifestation of any cynical disregard of the revealed texts on the part of the rulers. The book has been influential in many other ways, and has given rise to research in several new directions. First published in 1994, it is still used by teachers, researchers, university students and general readers.

This is the only text that provides a scientific and methodological reason for following a single school. Most texts, when they are justifying Taqlid, make emotional appeals and point to the piety of the earlier jurists and the founders of schools. The present work explains why it is a necessity to follow a single school. It also points out and explains why ``picking and choosing'' opinions, randomly from different schools, is wrong. The text also elaborates upon the rules for issuing fatwas and outlines the methodology for issuing rulings in the present times. The existing ``one-liners, '' the text shows, are difficult to accept. The text focuses on a single school, but what is said is easily applied to other schools.

The texts of the Qur'an and the Sunnah that prohibit riba are not easy to understand. An earlier book written by this author, called The Concept of Riba and Islamic Banking, appeared to be difficult for some readers. In fact, a few eager students stated that they were able to understand the text only after they had read it two or three times. This book tries to simplify some of the difficult areas of juristic interpretation. Some additional explanations have been added as compared to our last attempt in 1995, in the book mentioned. A major problem has been the recognition, by modern ulama and scholars, of some basic truths about the prohibition of riba. This non-recognition sometimes appears to be a reluctance to face a few harsh realities and a tendency to evade thorny issues. One such issue is the prohibition of all loans, other than what we have come to call a charitable loan or qard hasan. The issue lies at the heart of all Islamic banking. Instead of giving arguments on this issue and responding to the arguments made in favour of such prohibition, our modern scholars and leading muftis maintain total silence. The present book includes at least one instance of such evasion. It is only when a response on this issue is available from modern scholars that knowledge in this area will advance further. Without such a discussion, Islamic banking has very little chance of success.

The recent decades have witnessed a strong assertion of Islamic identity. One of its manifestations is the insistence on the part of Muslims that all institutions of life---be they political, economic or whatever---should be brought in conformity with Islamic principles. This necessitates exploring Islamic principles relevant to the institutions concerned as well as developing clear ideas as to how those principles would be applied in the changed circumstances of the present age. Imran Ahsan Nyazee has addressed himself to these very questions in the present work and has attempted to spell out the Islamic principles on which business enterprise should be based specially in the area of partnership. In this exercise Nyazee displays a strikingly acute awareness of Islamic laws on the subject. This, however, is matched by an equally striking awareness of the forms of business organization in vogue in the contemporary world. What is perhaps no less striking is the author's robust confidence in Islamic law and its distinct approach to the problems of life, including business and finance. Nyazee feels no need to apologize for the fact that Islamic legal prescriptions come into conflict with some of the business institutions and practices of the present times. In fact he feels unhappy with those Muslims who, instead of taking up the challenge to build institutions of business and finance in the light of Islamic principles, resort to the less strenuous task of uncritically appropriating Western institutions. Such persons tend to gloss over the fact that some of those institutions might be incongruous with Islamic principles, or explain away by adopting an easygoing attitude to Islamic law. Nyazee is convinced that the Islamic legal principles which are at variance with the contemporary laws and practices in business and finance are intrinsically sound and are preferable to their counterparts prevailing in the present times. The work primarily represents a serious scholarly effort to sort complicated questions such as those mentioned above, to enunciate Islamic principles relative to business enterprise, and to apply these principles in the changed context of present-day business.---Zafar Ishaq Ansari (October 1997)}

Riba (Usury), call it bank-interest if you like, is prohibited by the texts of the Qur'an and the Sunnah. This was the conclusion drawn unanimously by the Muslim jurists (fuqaha'); and it is also the decisive view of the vast majority of modern Muslim scholars. Despite this general agreement, a confusion persists in the minds of many, jurists and laymen alike, that even though some forms of interest are prohibited, the simple interest charged by banks may not be prohibited by Islamic law. What is the reason for such a doubt? Why do some uphold prohibition with conviction, while others do not? This book attempts to elaborate the foundations on this prohibition is based, and in doing so removes some of the persistent disagreements.The explanations provided are based upon the works of the earlierjurists so that the discussion is undertaken in a detached manner.

This small book is exactly what the title says it is: an outline. It is meant as a convenient handbook for the student. A more detailed ``code'' is being written to meet the needs of lawyers and researchers, and will hopefully be published soon. The purpose of this small book is to lay down the traditional law of Islam first, especially the law of the Hanafi school, and then to identify the points on which this law has been altered by statute or by case law. The purpose is not to identify the law first and then to fill the gaps with traditional law, which is what is done for the common law. On a few occasions, this outline differs from the position taken by other publications, especially Mulla's Code. The reason is that the position taken by such works, in these cases, is not in conformity with the traditional Islamic law. The differences have been indicated along with the position stated in such codes. Nevertheless, these occasions are not too many and the reader will not feel that there is a major departure from the earlier literature in the field. The outline also indicates those points where a decision taken by the learned courts is totally contrary to the rulings of traditional law. Reasons for disagreement have been indicated very briefly as a small outline cannot be burdened with detailed discussions. Despite its concise nature, the book has been quoted by some courts, including the Supreme Court of Pakistan.

Outlines of Islamic jurisprudence covers a number of topics of usul al-fiqh, sometimes in abridged form, that have been covered in the title on the subject of Islamic Jurisprudence by the same author. The significance of this book can only be understood through a comparison with that book. Islamic jurisprudence focuses on the discipline of usul al-fiqh and deals with it in an exhaustive way. It, thus, covers the different aspects of interpretation and theories of Islamic law. The present book includes some of the topics covered in that book. The bulk of Outlines of Islamic Jurisprudence, however, summarizes the entire law of Islam presenting it in a concise yet effective way. Due to the treatment of the entire Islamic law in a comprehensive way, the book is like a short encyclopedia. The book was first published in 1998 and is now in its sixth edition. It is very popular among law students, lawyers and even the general readers.

The present book is a small introduction to the larger work to be published in small volumes, but as part of a series. The book visualizes modern Islamic law as the common law of all Muslims, a law that exists at the global level and is concerned with issues that may be found within individual states. For the details, this book is to be read. It has intentionally been kept very concise and brief.Rapid changes in the world, in the last few decades, have now created an opportunity for Islamic law to rise again. This rise of Islamic law for the new millennium will not be through the coercive power of a modern state or even through physical domination. It will come about through the rise of the Muslim Ummah meeting, participating and collaborating through cyberspace for the benefit and service of all humanity. This small book outlines and explains this dynamic framework that heralds the revival and development of this law with the help of a new methodology that has been left as a heritage by the ancestors.