Contents
PART I
HISTORICAL DEVELOPMENT OF ISLAMIC
LAW AND JURISPRUDENCE
a) The pre-Islamic Period
b) The Period of the Prophet
c) The Period of the Caliphs
1. Abu Bakr
2. Umar
3. Uthman
4. Ali
d) Umayyad Rule
e) The Abbasids
f) Abu Hanifa
g) Malik Ibn Anas
h) Muhammad Ibn Idriss Ash
Shaffi
i) Ahmad Ibn Hanbal
j) Four Separate Schools of
Islamic Law: Inherent Issues
k) Trends in Islamic Law & Jurisprudence
PART
II
THE PHILOSOPHY OF ISLAMIC LAW
AND JURISPRUDENCE
a) Islamic Philosophers
1. Al-Kindi
2. Abu Bakr Ar-Razi
3. Al Farabi
4. Avicenna
5. Ibn Bajjah
6. Ibn Tufayl
7. Ibn Rushd
8. As Suhrawardi
9. Ibn Al-Arabi
10. Mir Damad, Mulla Sadra
and the School of Isfahan
a. Mir Damad
b. Mulla Sadra
11. Shaykh Ahmad Sirhindi
b) Islamic Mysticism
c) The Mu'tazilite School
PART III
THE NATURE OF THE SHARIAH
a) General Information
b) Islamic Justice
c) Objectives of Islamic Law
PART IV
CHARACTERISTICS OF ISLAMIC
LAW
a) General Information
b) Unity of Islam
PART V
SOURCES OF ISLAMIC LAW
a) Primary Sources
1. The Qur'an (The First Primary
Source Of the Shariah)
2. The Sunnah (The Second Primary
Source of the Shariah)
b) Secondary Sources
1. Ijma (Consensus)
2. Judicial Reasoning
3. Istishab: (Legal Presumption)
4. Istislah or Masalih Al -
Mursalah (Public Interest)
5. Sadd Al-Dharai (Blocking
the Way)
6. Istihsan (Deviation)
7. The Rule of Necessity
8. Urf and Adat (Custom)
PART VI
THE LIFE OF THE PROPHET OF
ISLAM
a) The Early Years
b) Battles of Islam
c) The Vast Influence of Islam
PART VII
ISLAMIC LAW OF INHERITANCE
a) The Qur'an and Inheritance
b) Different Schools' Approach
to Inheritance Issues
c) Changes to the Islamic Law
of Inheritance
1. Sudan and Egypt
2. Tunisia
3. Pakistan
4. Iraq
d) Problems with the Islamic
Law of Inheritance
PART VIII
ISLAMIC FAMILY LAW
a) Foundations of Marriage
b) Consequence of Marriage
c) Dissolution of the Marriage
d) Consequences of the Dissolution
e) Marriage between Muslims
and Those of Another Faith
f) Islam and the Position of
Women
PART IX
THE ISLAMIC LAW OF PRE-EMPTION
a) Historical Background
b) Practical Application of
the Right of Pre-Emption
c) Origins of the Right of
Pre-Emption
d) Pre-Emption under Islamic
Law
e) Differences between the
Sunni and Shia Law of Pre-Emption
f) Applicability of Sect Law
g) Application of Islamic Law
PART X
EXTERNAL INFLUENCES OF THE
SHARIAH
a) Influence in the Judicial System
1. Turkey
2. India
3. Egypt
4. Lebanon
5. Syria
6. Tunisia
7. Pakistan
b) Views on the Problems caused by Reform Attempts
PART XI
A BRIEF LOOK AT NON-ISLAMIC
LEGAL JURISPRUDENCE AND PREMISES
a) Approaches to Legal Thought
1. The Natural Law School
a) Plato
b) Aristotle
c) Thomas Aquinas
d) Hugo Grotius
e) John Locke
f) Charles - Louis Montesquieu
g) Jean-Jacques Rousseau
h) Immanuel Kant
2. The Positive
Law School
a) John Austin
b) Jeremy Bentham
c) Hans Kelsen
3. Dialectical Materialism
George Wilhelm Friedrich Hegel
b) Comparing Islamic Law with other Legal Systems
1. Islamic Law and Roman Law
2. Islamic Family Law and English
Family Law
3. Islamic Law and African
Customary Law
Comments about the book
'An excellent explanation of the historical
development of Islamic law arranged with exceptional
clarity by a lawyer.
Dr. Malik has written an interesting and compelling
book on Islamic Law and jurisprudence that is
exceptional in the way it combines a historical
account of the law with a deep analysis of it.
It is an excellent tour de force that ought to
be on the book shelves of both Islamic scholars
and legal experts alike.
Dr. Malik covers a very difficult subject in
a way that allows the general reader to understand
aspects of Islamic law. The book provides a genuine
insight into law and religion.
There are other interesting aspects of Islamic
Law. Particularly interesting
and illuminating is the way Dr. Malik juxtaposes
Islamic jurisprudence with Western legal thought
from Plato to the moderns, including the positivist
school of Bentham, Austin and Kelsen. Dr. Malik
writes in the tradition of natural law writers''.
CHARLOTTE BOAITEY, BARRISTER,
HEAD OF CHAMBERS, 12 OLD SQUARE, LINCOLN'S INN,
LONDON WC21 3TX
'By writing this book Dr. A. A.
Malik had sought to bring together the diverse
range of historical research into play in a manner
which had not previously been treated.
He has comprehensively and
intellectually unravelled the
historical facts and had come up with clear and
concise comparative analysis. By publishing this
book he has highlighted and made great contribution
to learning with incisiveness and critical thoughts.
I hope that this new work will prove an invaluable
aid to everyone who reads it. Certainly the book
will play its part in the development of Islamic
Law and Jurisprudence. The book has been assembled
by him as an expert and should prove convenient
and easy to use.
Dr. Malik's work will be a valuable source of
material for those intending to drink deep and
to explore more into Islam Law and Jurisprudence.
I highly commend him for such an impressive work.
JOHN KOFI OFFEH LLB (HONS) LONDON, BARRISTER
AT LAW, INNER TEMPLE, LONDON.
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