Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures
Abstract Islamic legal maxims promote the spirit of Islamic law through extrapolation of the texts. The legal maxim of al-ʿādah is one of the five basic legal maxims agreed upon among classical Muslim jurists. Despite the wide acceptability of custom in Islamic legal theory and its authoritative...
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| Language: | English |
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Koninklijke Brill NV
2012
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| Online Access: | http://irep.iium.edu.my/33605/ http://irep.iium.edu.my/33605/ http://irep.iium.edu.my/33605/ http://irep.iium.edu.my/33605/1/Custom_and_Society_in_Arab_Law_Quarterly_Brill.pdf |
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eprints |
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iium-336052014-07-17T04:35:51Z http://irep.iium.edu.my/33605/ Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures Zakariyah, Luqman KBP173.25 Islamic law and other disciplines or subjects Abstract Islamic legal maxims promote the spirit of Islamic law through extrapolation of the texts. The legal maxim of al-ʿādah is one of the five basic legal maxims agreed upon among classical Muslim jurists. Despite the wide acceptability of custom in Islamic legal theory and its authoritativeness in application, one of the controversial issues surrounding the use of custom (al-ʿādah) is whether, by law, rulings can be changed over time when customs have changed. Thus, this article aims to examine the effect of custom in rulings related to ḥudūd and qiṣāṣ (fixed and retaliative punishments) in Islamic law and whether such rulings can be changed over time as custom changes and, if they can be changed, to what extent can such changes be made and to what effect do such changes affect the sanctity of the Qurʾān and Ḥadīth texts. Koninklijke Brill NV 2012 Article PeerReviewed application/pdf en http://irep.iium.edu.my/33605/1/Custom_and_Society_in_Arab_Law_Quarterly_Brill.pdf Zakariyah, Luqman (2012) Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures. Arab Law Quarterly, 26. pp. 75-97. ISSN 1573-0255 (O), 0268-0556 (P) http://booksandjournals.brillonline.com/content/journals/10.1163/157302512x612159 10.1163/157302512X612159 |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
KBP173.25 Islamic law and other disciplines or subjects |
| spellingShingle |
KBP173.25 Islamic law and other disciplines or subjects Zakariyah, Luqman Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures |
| description |
Abstract
Islamic legal maxims promote the spirit of Islamic law through extrapolation of the texts.
The legal maxim of al-ʿādah is one of the five basic legal maxims agreed upon among classical
Muslim jurists. Despite the wide acceptability of custom in Islamic legal theory and its
authoritativeness in application, one of the controversial issues surrounding the use of custom
(al-ʿādah) is whether, by law, rulings can be changed over time when customs have changed. Thus, this article aims to examine the effect of custom in rulings related to ḥudūd and qiṣāṣ (fixed and retaliative punishments) in Islamic law and whether such rulings can be changed over time as custom changes and, if they can be changed, to what extent can
such changes be made and to what effect do such changes affect the sanctity of the Qurʾān and Ḥadīth texts. |
| format |
Article |
| author |
Zakariyah, Luqman |
| author_facet |
Zakariyah, Luqman |
| author_sort |
Zakariyah, Luqman |
| title |
Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures |
| title_short |
Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures |
| title_full |
Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures |
| title_fullStr |
Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures |
| title_full_unstemmed |
Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures |
| title_sort |
custom and society in islamic criminal law: a critical appraisal of the maxim ‘al-ʿādah muḥakkamah’ (custom is authoritative) and its sisters in islamic legal procedures |
| publisher |
Koninklijke Brill NV |
| publishDate |
2012 |
| url |
http://irep.iium.edu.my/33605/ http://irep.iium.edu.my/33605/ http://irep.iium.edu.my/33605/ http://irep.iium.edu.my/33605/1/Custom_and_Society_in_Arab_Law_Quarterly_Brill.pdf |
| first_indexed |
2023-09-18T20:48:35Z |
| last_indexed |
2023-09-18T20:48:35Z |
| _version_ |
1777409841074012160 |