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Towards New Foundations for Islamic Jurisprudence

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This book presents a contemporary vision for reformulating the foundations of Islamic jurisprudence, focusing on developing the principles of personal status legislation to align with the demands of the modern age and social justice. The text combines jurisprudential analysis with constructive criticism of traditional practices.

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Description

This book presents a new perspective on inheritance law, distinct from previous approaches. It defines the concepts of “the Book” (al-Kitab) and “the obligatory share” (al-Farida), elaborates on the topic of marriage, and adds subjects such as concubinage, divorce, and single motherhood. It also reformulates the concept of Sunna (Prophetic tradition) with greater precision. Furthermore, it addresses issues in “women’s jurisprudence,” such as male guardianship (qawamah), polygamy, and the resulting injustices against women throughout Islamic history. The author examines the reasons for stagnation in Islamic legislation and the historical motivations behind the suppression of reason and the cessation of independent legal reasoning (ijtihad), which led to women being deprived of many of their rights. This prompts an examination of the Prophetic Sunna and a discussion of what is known as “the science of the occasions of revelation” (asbab al-nuzul) and its origins, based on the principle that the Wise Revelation (al-Nuzul) should be applicable to all times and places.

Additional information

book-author

Year

2015

Publisher

Dar Al Saqi

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