This manuscript critically discusses the current implications of scriptural injunctions against gharar and maysir. It elaborates how overlooking features contemporary world adopting a formalistic approach in Islamic jurisprudence have led to absurdity implication doctrines maysir for Muslims’ financial activities. The also underscores necessity maqāsid (purposivism) jurisprudence. propounds tha...

Legally speaking, consumption of any substance that causes inebriation is prohibited in the laws of the Islamic Republic of Iran. In terms of medicine, alcoholic liquor is ethanol-containing liquid whether causes inebriation or not. Its consumption is considered as a crime and the user will be punished. Ethanol as a known harmful substance might lead to mood instability and subsequently differe...

in islamic jurisprudence we face phrases such as ‘unforgivable in continuity (survival, sustainability) is not unforgivable in the beginning’ whose context suggest that this is considered by scholars as a known and accepted rule. but, after examining the traces of the phrase in the books of jurisprudence and rules of islamic jurisprudence, there seems to be no consensus as regards the authentic...

Stem cell research is very promising. The use of human embryos has been confronted with objections based on ethical and religious positions. The recent production of reprogrammed adult (induced pluripotent) cells does not - in the opinion of scientists - reduce the need to continue human embryonic stem cell research. So the debate continues. Islam always encouraged scientific research, particul...

There is a profound ignorance in Australia about Islamic law. One of the major aims of the Australian Journal of Asian Law is to inform and to encourage debate. At a time when the distance between Islamic and secular traditions seems wider than at anytime in living memory, this special issue is our attempt to open serious debate among legal scholars about syarî’ah. We believe the initiative is ...