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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 Shafi'i school or Shafi'i Madhhab (Arabic: ٱلْمَذْهَب ٱلشَّافِعِيّ, romanized: al-madhhab al-shāfiʿī) is one of the four major schools of Islamic jurisprudence within Sunni Islam.
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 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 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 most common expression of lex talionis is "an eye for an eye", but other interpretations have been given as well. [5] Legal codes following the principle of lex talionis have one thing in common - prescribed 'fitting' counter punishment for a felony. The simplest example is the "eye for an eye" principle.
Ijma' (Arabic: إجماع, romanized: ijmāʿ, lit. 'consensus', IPA: [ʔid͡ʒ.maːʕ]) is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law.