Equity and Fairness in Islam

Author: Mohammad Hashim Kamali

Publisher: Islamic Texts Society

Year of Publication: 2005

Print Length: 152 pages

Genre: Islamic Studies / Dawah & Applied Science, Islamic Law & Jurisprudence, Theology, Ethics and Philosophy, Qur’anic Studies; Non-Fiction / Law

Topic: Islam, Ethics & Morality, Fundamental Rights and Liberties, Human Nature & Character, Humanity, Identity, Ethics & Morality; Law, Jurisprudence, Legal Theory; Culture & Society, Equity & Fairness, Economy

This is the first work in the English language to deal specifically with the subjects of equity and fairness in Islamic law. Prof Kamali relates these concepts to the Islamic legal notion of istihsan, thus taking these concepts back to their origin in the Qur’an, the sayings of the Prophet Muhammad and the era of the Companions of the Prophet in the first two centuries of Islam. Equity and Fairness in Islam contains in-depth explorations of equity and its applications, and it also attempts to apply the concepts of equity and fairness to certain issues of contemporary concern and especially to commercial transactions. The issues raised here are related to Islamic banking, sale transactions, charitable endowments, pensions funds and other long-term saving accounts.

The concluding part of the book deals with the relationship between the concepts of equity and fairness, and the goals and objectives of Islamic law, and how these two concepts can work as an instruments for securing the objectives of Islamic law. Equity and Fairness in Islam can be read in conjunction with other M. H. Kamali’s titles, especially Islamic Commercial Law.

Preface

PART ONE. The Methodology of Istiḥsān

Introduction (of Part One)

1. Meaning and Definition

2. Historical Perspective

3. Istiḥsān, Maṣlaḥah and Custom

4. Types of Istiḥsān

5. Proof (hujjiyah) of Istiḥsān

6. The Argument Against Istiḥsān

7. Istiḥsān and Particularisation (takhṣiṣ)

8. A Review of the Methodology of Istiḥsān

PART TWO. Contemporary Applications

Introduction (of Part Two)

9. The Issue of Qabḍ (taking possession)

10. Issues pertaining to Awqāf (charitable endowments)

11. Issues in Islamic Banking

12. The Issue of Unclaimed Assets

Conclusion

Glossary

Bibliography

Index

Mohammad Hashim Kamali is an Afghan Muslim scholar who has taught and worked for many years in Malaysia. He is Founding Chairman and CEO of the International Institute of Advanced Islamic Studies, Malaysia (2007—continuing), and a world renowned scholar in his field of specialisation. He served as Professor of Islamic Law and Jurisprudence at the International Islamic University Malaysia (IIUM, 1985–2004); and was Dean of the International Institute of Islamic Thought and Civilisation (ISTAC, 2004–2006). Currently, he is Senior Fellow at the Institute of Strategic and International Studies (ISIS) Malaysia, a Senior Fellow of the Academy of Sciences of Afghanistan, and also Senior Fellow of the Royal Academy of Jordan.

Source: https://www.iclrs.org/blurb/mohammad-hashim-kamali/

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