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In Islam, the Quran is considered to be the most sacred source of law. [6] Classical jurists held its textual integrity to be beyond doubt on account of it having been handed down by many people in each generation, which is known as "recurrence" or "concurrent transmission" ( tawātur ).
The lex specialis doctrine, also referred to as generalia specialibus non derogant ("the general does not derogate from the specific"), states that if two laws govern the same factual situation, a law governing a specific subject matter (lex specialis) overrides a law governing only general matters (lex generalis). [1]
The Jakarta Charter (Indonesian: Piagam Jakarta) was a document drawn up by members of the Indonesian Investigating Committee for Preparatory Work for Independence (BPUPK) on 22 June 1945 in Jakarta that later formed the basis of the preamble to the Constitution of Indonesia.
This Law of Ours and Other Essays is a book written by Muhammad Asad, first published by Dar al-Andalus, Gibraltar in 1987.The book is a collection of Asad's writings, lectures and radio broadcasts—some written as far back as the 1940s—which aims to clarify some of the confusion in the Muslim Ummah about the scope and practical implications of Islamic law.
In Indian philosophy, the idea that a rule is not a "true law" unless it is based on the idea of Ṛta, a possible cognate for "right" in English.This natural law foundation establishes rules for what is a "law" or "truth", a form of order so high that even the gods themselves must obey or be in the wrong.
The principle of lis alibi pendens (Latin for 'dispute elsewhere pending') applies in municipal law, public international law, and private international law to address the problem of potentially contradictory judgments.
Fiqh (/ f iː k /; [1] Arabic: فقه) is Islamic jurisprudence. [2] Fiqh is often described as the style of human understanding and practices of the sharia; [3] that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions).
In Mount Albert Borough Council v Australasian etc Assurance Society Ltd, it was held that, in default, the court has to impute an intention by asking, as just and reasonable persons, which law the parties ought to, or would, have intended to nominate if they had thought about it when they were making the contract. [6]