Bøger af Yahaya Yunusa Bambale

This is an apt publication for modern times, in which 'Sharia' has become a byword for an unacceptable social system, and is vilified as such; when crime is rife in communities governed by Sharia; and when in the non-Islamic West, the Islamic social and criminal justice systems are subject to intense public scrutiny and criticism, but remain little understood. The author presents a clear and factual account of the Islamic criminal justice system, expounding what he considers to be the real issues of Sharia, often ignored or misrepresented by both Islamic and Western scholars, and explaining its wider Islamic context and ethics, its Arabic roots, classical heritage and terminology, and its relevance to contemporary Muslim societies. Contents: concept of crime; features of Islamic criminal liability; defences to Islamic criminal liability; 'Hudud' crimes; 'Zina' - adultery or fornication; 'Qadhf' - slander or false accusation; 'Hadd' offence of 'al-sariqa' - theft; 'Hadd' offence of 'shurbul khamr' - wine drinking; 'Hiraba' - brigandage or highway armed robbery; 'Riddah' - apostasy; 'Baghye' - rebellion or treason; 'Qisas - retaliation; 'Ta'azir' punishment.

Dedication - Foreword - Preface- Abbreviations; Chapter 1: Concept of ownership [ Classification of ownership; The mode of acquiring ownership of property; The lawful ways of acquiring private ownership; Property and its classifications]; Chapter 2: Work [The best and dignified work; The classification of work; The physical and manual work; The office work (salaried employment);The intellectual work; The qualities of a good worker; Rights and protection of worker; Unemployment]; Chapter 3: Sale [ Types of sale; Conditions of valid sale; Conduct of the parties in a sale transaction; The lawful and unlawful sale transactions]; Chapter 4: Gift [Gift distinguished from other related concepts; Gift distinguished from sadaqah (alms, deed); Gift distinguished from ariya; Conditions for a valid gift; Structure of a gift; Donation subject-matter (Al-mawhub); Revocation of a gift]; Chapter 5: Testate succession [Types of will; Void and voidable will; Object of making a will; Form of will; Revocation of a will; The lapse of a will]; Chapter 6: Intestate succession [ Definition; Pre-Islamic law relating to succession; Constituents of succession (Arkanul - Mirath); Grounds of inheritance; Liabilities of the deceased; Legal heirs; The fractions in succession]; Chapter 7: Legal impediments to acquisition of property; Introduction; Fraud (Gish/Ghabn); Hoarding (Ihtikar); Bribery (Rashwah); Death-sickness gift (Ahwal Mard-ul-Mawt); Theft (Sariqah); Impediments to inheritance (Mawani'al-Irth); Bibliography; Index Dr Yahaya Y. Bambale, former Head, Department of Islamic Law, and Assistant Dean for both undergraduate and postgraduate studies in the Faculty of Law, Ahmadu Bello University, Zaria, Nigeria, is a Reader. His currently on sabbatical leave at the IBB University, Lapai, Niger State of Nigeria where he is the Dean of Students. He is the author of Crimes and Punishment Under Islamic Law.

An Outline of Islamic Jurisprudence is a salient effort at addressing the dearth of materials in the English language in the somewhat complex subject matter of classical jurisprudence. It highlights the uniqueness of Islamic jurisprudence as a developed system because of its exactitude in terms of meaning, province and scope. The book serves as a handy introductory text on the basic principles of Islamic jurisprudence for judges, lawyers, academicians, especially law lecturers, students of law specialising in Islamic law, and the general public.Dedication - Acknowledgements - Preface - Glossary- Chapter 1 Introduction to Islamic jurisprudence [Preamble; Definition of Fiqh; Definition of Usul; Definition of Usul al-Fiqh]; Chapter 2: Shari'ah - Islamic law [Definition of Islamic Law; Elements (Arkan) of Islamic Law]; Chapter 3: Obligations and duties [Introduction; Obligations created by the Hukm (rule of law); Duties created by the Hukm (rule of law); Chapter 4: Declaratory rule (Hukm Wad'i)[Classification of declaratory rule]; Chapter 5: Legal capacity (Ahliyyah)[Introduction ; Definition of Ahliyyah; Types of Ahliyyah; Classification of legal capacity; Factors affecting complete legal capacity]; Chapter 6: Right - Haqq [Introduction; Classification of rights; Classification of rights in Islamic criminal law]; Chapter 7: The sources of Islamic law [Introduction; Definition; The classification of the sources; The order of the sources]; Chapter 8: The primary sources [Introduction; Holy Qur'an; Compilation of the Holy Qur'an; The difference in the two compilations; Holy Qur'an as the primary source; Ijma - consensus of opinion]; Chapter 9: The secondary sources [Introduction; Qiyas - analogical deduction; Istihsab - juristic equity or preference; Maslahah Mursalah or Istislah - considerations of public interest or extended analogy; Istishab - presumption of continuity; Urf - custom; Sadd al-Dhara'i - blocking the means]; Chapter 10: Ijtihad [Introduction; Authority for the exercise Ijtihad; Types of Ijtihad; Taqlid]; Bibliography; IndexDr Yahaya Y. Bambale, former Head, Department of Islamic Law, and Assistant Dean for both undergraduate and postgraduate studies in the Faculty of Law, Ahmadu Bello University, Zaria, Nigeria, is a Reader. His currently on sabbatical leave at the IBB University, Lapai, Niger State of Nigeria where he is the Dean of Students. He is the author of Crimes and Punishment Under Islamic Law.