《ISLAMIC LAW FROM HISTORICAL FOUNDATIONS TO CONTEMPORARY PRACTICE》

PART ONE Historical background1

1 The law of the Prophet and his companions3

2 After the orthodox caliphs10

The organisation of legal subject matter25

Theology and law27

PART TWO The law and its sources33

3 The divine sources35

The primary sources (the Qur'an and Sunna)36

The Sunna of the Prophet38

Categories of Sunna as legal interpretations for the meanings of the Qur'an39

ljma and obtaining the view of umma46

ljma today47

4 The human sources51

Qiyas and ijtihad51

Requirements for qiyas53

Istihsan, juristic preference57

Sadd al-dhara'i62

5 Public interest and the source of law69

6 Darura, necessity82

The interplay between dlar0ra and maslaha86

PART FOUR The legal mechanisms for understanding the law93

Islamic jurisprudence, usual al-fiqh95

The subjects of law102

8 Understanding the textual expressions111

The legal maxims113

PART FIVE Legal authority and the future of Islamic law123

9 Legal authority and the diverse faces of Islamic law125

The 'establishment' face of Islamic law125

Authority and the law of resurgence129

Authority and the liberal face of Islamic law130

The 'middle way' face of Islamic law133

Islamic legal authority and Western methodology135

Authority and the pious face of Islam: Singapore, Brunei and Malaysia137

Conclusion138

10 The fatawa and legal authority144

11 The future of Islamic law154

Glossary159

Bibliography168

Index173