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Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without ...
Maslaha or maslahah (Arabic: مصلحة, lit. ' public interest ') is a concept in Sharia (Islamic divine law) regarded as a basis of law. [1] It forms a part of extended methodological principles of Islamic jurisprudence (uṣūl al-fiqh) and denotes prohibition or permission of something, according to necessity and particular circumstances, on the basis of whether it serves the public ...
State law codification commonly utilized the methods of takhayyur (selection of rulings without restriction to a particular madhhab) and talfiq (combining parts of different rulings on the same question). [168] Legal professionals trained in modern law schools have largely replaced traditional ulema as interpreters of the resulting laws. [168]
The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix [1]), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. [2]
The technical meaning of the term taqiyya is thought [by whom?] to be derived from the Quranic reference to religious dissimulation in Sura 3:28: Believers should not take disbelievers as guardians instead of the believers—and whoever does so will have nothing to hope for from Allah—unless it is a precaution against their tyranny.
The Legend of Churel supposedly originated from Persia where they were described as being the spirits of women who died with "grossly unsatisfied desires". [4]In South-East Asia, the Churel is the ghost of a woman who either died during childbirth, while she was pregnant, or during the prescribed "period of impurity".
In his opinion the undeveloped condition and the miserable plight of the Muslim nations were due to lost real identity of Khudi and to keep distance from the true spirit of Islam. [2] Iqbal's ideal for individual as well as social life is Self-affirmation not Self-negation which was the common teaching of Hindu intellectualism and Sufi ...
The most well known story that references khul' and serves as the basis for legal interpretations is the story of Jamilah, the wife of Thabit ibn Qays: [5]. Narrated Ibn 'Abbas: The wife of Thabit bin Qais came to the Prophet and said, "O Allah's Apostle!