diversion, which is discussed briefly in the science of usul al-fiqh in the chapter on the absolute and qualified, while playing a notable role in different chapters of jurisprudence, is of varieties. surveying the concept of diversion and its varieties, the present essay expounds its effects and results and emphasizes its important role in the process of inferring juristic precepts

Islamic financial jurisprudence has always had the stated aim of enhancing human welfare, and therefore prohibitions must be seen through the lens of welfare-enhancing regulation of financial practices. In today’s age of financial engineering, utilizing many of the legal and financial advances of the past two decades, it is quite easy to synthesize the contracts that classical and contemporary ...

Do we own our bodies as legal property? Or, are our bodies rather part of who we are as a juristic person, capable of invoking legal rights and remedies under a legal system? To illustrate the complexities of this legal-philosophical puzzle, French legal historian Jean-Pierre Baud uses the following case of “jurisprudence-fiction”, a term he coined himself in his classic 1993 work L’affaire de ...