Historical Dynamics of Islamic Law Methodologhy (Ushul Fiqh)

Methods and Methodologies in Fiqh and Islamic Economics

This paper intends to examine the methods of reasoning that are employed in Fiqh and critically discuss their adoption in Islamic economics. The paper argues that the methods used in Fiqh are mainly designed to find out whether or not a certain act is permissible or prohibited. Islamic economics, on the other hand, is a social science. Like any other social science its proper unit of analysis i...

The Algorithm of Islamic Jurisprudence (Fiqh) with Validation of an Entscheidungsproblem

The historic background of algorithmic processing with regard to etymology and methodology is translated into terms of mathematical logic and Computer Science. A formal logic structure is introduced by exemplary questions posed to Fiqh-chapters to define a logic query language. As a foundation, a generic algorithm for deciding Fiqhrulings is designed to enable and further leverage rule of law (...

The Rule of Law in Islamic Thought and Practice: A Historical Perspective

The rule of law entails government accountability, equal access to justice and the political process, efficient judicial and political systems, clear laws, generally stable laws, and the protection of fundamental human rights. This paper explores whether Islamic law conforms to these principles in theory and in practice. Three conclusions are reached. First, various early Islamic institutions w...

A Simple Fiqh-and-Economics Rationale for Mutualization in Islamic Financial Intermediation

Islamic finance is a prohibition-driven industry, aiming to avoid the prohibitions of riba and gharar. It is well accepted in Islamic jurisprudence that riba and gharar do not affect the legal validity of non-commutative financial contracts (e.g. gifts). Jurists have long viewed this as a potential solution to the problem of gharar in commercial insurance, proposing mutual insurance as a non-co...

Islamic Law and the Crime of Theft