in islamic jurisprudence, juridical disagreement means dispute between islamic jurists to confirm a comment or proscribe another. disagreement is arising from contradict reasons or jurist concepts. whether concern other concepts is necessary or not, is a contradict matter. in the shafi'ite's jurist opinion avoidance from diversity is recommended for all jurists and followers. it means...

This paper presents an economic argument that the prohibition of Ribā in classical Islamic Jurisprudence can be explained by appealing to precommitment and economic efficiency considerations. Our starting point is an argument provided by ’Ibn Rush ̄ d in Bidāyat alMujtahid wa Nihāyat al-Muqtas . id. ’Ibn Rush ̄ d provides a juristic explication of the “Objectives of The Law” (Maqās . id al-Sh ̄ ar̄...

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 (...

Gerald Postema offers a gentle but damning critique of contemporary analytic jurisprudence for being antisocial , anti-philosophical, ahistorical, and, ultimately, mistaken not only about the province of jurisprudence but the nature of law. He also offers an elegant restatement of what jurisprudence with a wider ambition must be like; and it is a jurisprudence in which time and history are cent...

according to common law rules of england, obligation by one party is enforceable when the other has provided a consideration or the contract has been put in a deed. in some common law jurisdictions, such as australia, canada and the united states, another doctrine, named reasonable reliance, has developed, which could act as surrogate for the doctrine of consideration. english courts, however, ...