Advanced Legal Studies Institute
Copyright 2018 – All rights Reserved.
by Imran Ahsan Khan Nyazee (Author) , M. Ibrahim Abdullah Khan Nyazee (Author)
The Lex Islamica series is on Islamic Jurisprudence or uṣūl al-fiqh, including legal maxims or qawā‘id fiqhiyyah. The focus is on the Ḥanafī School and designing a new methodology for Ijtihād based on the original methodology.
by Imran Ahsan Khan Nyazee (Author) , M. Ibrahim Abdullah Khan Nyazee (Author)
The present book is a small introduction to the larger work to be published in small volumes, but as part of a series. This introduction explains the reason for the larger work, and places it in its proper perspective. 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.
by Imran Ahsan Khan Nyazee (Author) , M. Ibrahim Abdullah Khan Nyazee (Author)
The texts of the Ḥanafī School on uṣūl al-fiqh written up to the end of the Fifth Century of the Hijrah show that the discipline of uṣūl al-fiqh was significantly different from what it turned out to be in the later centuries, which were more theoretical in nature as compared to the earlier texts. As Shāfi‘ī uṣūlīs started wielding greater influence, especially the promotion of a different concept of the Sunnah and a more literal approach, Ḥanafī writers probably went on the defensive and started incorporating ideas from Shāfi‘ī uṣūl. The purpose of this book is not to trace the historical development of uṣūl al-fiqh, but to merely identify what the early uṣūlīs like Jaṣṣaṣ, Dabbūsī and Sarakhsī had to say about the discipline of uṣūl al-fiqh.
by Imran Ahsan Khan Nyazee (Author) , M. Ibrahim Abdullah Khan Nyazee (Author)
This book has been written with the realization that more information is required on the strengths of the Ḥanafī School before presenting “The New Methodology.” The book, therefore, addresses the major contributions of the School, and those features that have been under attack by other schools in the previous centuries, along with those criticisms that are more recent. As the defensive aspect of the book gained prominence in the writing, it was thought appropriate to name it as “Defending the Frontiers of the Ḥanafī School.” This, then, will be the third book in the series.The present Lex Islamica series is on Islamic Jurisprudence or uṣūl al-fiqh, including legal maxims or qawā‘id fiqhiyyah. The focus is on the Ḥanafī School so as to keep matters clear and crisp and avoid confusions that sometimes result from comparative studies.
by Imran Ahsan Khan Nyazee (Author)
The present book deals with a NEW METHODOLOGY for discovering the rules of Islamic Law required for solving modern problems. This book should be considered the first ever text on comparative jurisprudence that compares Islamic jurisprudence and Western law, especially English common law. The focus of the book is not on sources or theories of law or even on legal concepts. The purpose of the book, which makes it unique, is to analyze how the mind of the jurist works as it moves through the process that we call ijtihād. This process of reasoning in the mind of the jurist is compared at each step with the mind of the judge or lawyer as it tries to discover the law.
by Burhan al-Din al-Farghani al-Marghinani (Author) , Imran Ahsan Khan Nyazee (Translator)
This series is a reprint of the translated text from the Second Edition of Al-Hidayah, printed in 2016, and does not include the original Arabic text.
by Burhan al-Din al-Farghani al-Marghinani (Author) , Imran Ahsan Khan Nyazee (Translator)
This book is WITHOUT the ARABIC TEXT and contains a reprint of the translated text from the Second Edition, printed in 2016. The Hidayah has dominated the field of Islamic jurisprudence since the day it was written over 800 years ago. It has been the primary text used by Muslim jurists to issue authentic and reliable rulings on Islamic law according to the school of Imam Abu Hanifah (d.150AH/767CE). The Hidayah commands such an authoritative position amongst the doctors of law that the knowledge of a scholar who has not read it is not considered reliable. Around 70 huge commentaries, some spread over more than a dozen volumes, have been written on it. The number of explanatory glosses is in the thousands.
by Burhan al-Din al-Farghani al-Marghinani (Author) , Imran Ahsan Khan Nyazee (Translator)
This book, volume 2, is WITHOUT the ARABIC TEXT and contains a reprint of the translated text from the Second Edition, printed in 2016. The Hidayah has dominated the field of Islamic jurisprudence since the day it was written over 800 years ago. It has been the primary text used by Muslim jurists to issue authentic and reliable rulings on Islamic law according to the school of Imam Abu Hanifah (d.150AH/767CE). The Hidayah commands such an authoritative position amongst the doctors of law that the knowledge of a scholar who has not read it is not considered reliable. Around 70 huge commentaries, some spread over more than a dozen volumes, have been written on it.
by Burhan al-Din al-Farghani al-Marghinani (Author) , Imran Ahsan Khan Nyazee (Translator)
This series is a reprint of the translated text from the Second Edition of Al-Hidayah, printed in 2016, and includes the original Arabic text.
by Burhan al-Din al-Farghani al-Marghinani (Author) , Imran Ahsan Khan Nyazee (Translator)
This book is WITH the ARABIC TEXT.The Hidayah has dominated the field of Islamic jurisprudence since the day it was written over 800 years ago. It has been the primary text used by Muslim jurists to issue authentic and reliable rulings on Islamic law according to the school of Imam Abu Hanifah (d.150AH/767CE). The Hidayah commands such an authoritative position amongst the doctors of law that the knowledge of a scholar who has not read it is not considered reliable. Around 70 huge commentaries, some spread over more than a dozen volumes, have been written on it. The number of explanatory glosses is in the thousands. Comprehensive in content and conveniently organized, with the publication of this book all previous works that discussed Islamic jurisprudence according to Hanafi law became outmoded and soon fell into disuse.
by Burhan al-Din al-Farghani al-Marghinani (Author) , Imran Ahsan Khan Nyazee (Translator)
This book is WITH the ARABIC TEXT.The Hidayah has dominated the field of Islamic jurisprudence since the day it was written over 800 years ago. It has been the primary text used by Muslim jurists to issue authentic and reliable rulings on Islamic law according to the school of Imam Abu Hanifah (d.150AH/767CE). The Hidayah commands such an authoritative position amongst the doctors of law that the knowledge of a scholar who has not read it is not considered reliable. Around 70 huge commentaries, some spread over more than a dozen volumes, have been written on it. The number of explanatory glosses is in the thousands. Comprehensive in content and conveniently organized, with the publication of this book all previous works that discussed Islamic jurisprudence according to Hanafi law became outmoded and soon fell into disuse.
by Burhan al-Din al-Farghani al-Marghinani (Author) , Imran Ahsan Khan Nyazee (Translator)
This book is WITH the ARABIC TEXT.The Hidayah has dominated the field of Islamic jurisprudence since the day it was written over 800 years ago. It has been the primary text used by Muslim jurists to issue authentic and reliable rulings on Islamic law according to the school of Imam Abu Hanifah (d.150AH/767CE). The Hidayah commands such an authoritative position amongst the doctors of law that the knowledge of a scholar who has not read it is not considered reliable. Around 70 huge commentaries, some spread over more than a dozen volumes, have been written on it. The number of explanatory glosses is in the thousands. Comprehensive in content and conveniently organized, with the publication of this book all previous works that discussed Islamic jurisprudence according to Hanafi law became outmoded and soon fell into disuse.
by Imran Nyazee (Author)
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.
by Imran Ahsan Khan Nyazee (Author)
This book is used as a textbook on Islamic jurisprudence in Malaysia as well as Pakistan. It is also used as a basic text all over the world. The book is indispensable for those who wish to understand the true nature of the Islamic legal system. This is the third and latest edition of the book. It is being published on Kindle for the first time.
Supplementary learning material available for this book on our YouTube channel, “Advanced Legal Studies Institute.” The relevant course is called “Islamic Jurisprudence.”
by Imran Ahsan Khan Nyazee (Author)
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.
by Sarakhsi (Author), Imran Ahsan Khan Nyazee (Translator)
The only way to understand fiqh in its true meaning is to trace it from the beginning, that is, from its earliest expositions down to the present times. In the Ḥanafī School, our gateway to the legal thought of the earlier Imāms is the voluminous work of Imām al-Sarakhsī. The book is a commentary on the summarized work of Imām Muḥammad al-Shaybānī, who in turn has recorded the views of Imāms Abū Ḥanīfah and Abū Yūsuf along with those of a number of other well-known jurists. All later books have relied on the commentary of Imām al-Sarakhsī. Imām al-Sarakhsī was the greatest jurist of the Ḥanafī School. It is not without reason that the governing rule in Islamic law is: “when in doubt, follow Sarakhsī.”
by Imran Ahsan Khan Nyazee (Author)
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.
by Imran Ahsan Khan Nyazee (Author)
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.
by Imran Ahsan Khan Nyazee (Author)
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.
by Imran Ahsan Khan Nyazee (Author)
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.
by Imran Ahsan Khan Nyazee (Author)
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.
by Imran Ahsan Khan Nyazee (Author)
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.
by Imran Ahsan Khan Nyazee (Author)
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.
by Imran Ahsan Khan Nyazee (Author)
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.
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