Conflicts and Tensions in Islamic Jurisprudence

This work constitutes a critical analysis of classical and modern aspects of the concept of istihsan (juristic preference), an important principle in Islamic legal legislation throughout history. Although there has been many research works on the subject, it still requires further investigation on the role and nature of istihsan with regard to a combination of classical and modern approaches. Consisting of four chapters, the author begins by introducing some general principles of Islamic law, before discussing the history of istihsan during the time of the Prophet and his Companions. He also analyses the validity of istihsan as a source of law and discusses the differences among scholars on its method of implementation.

Ibn Khaldun, the fourteenth century Arab historiographer and historian, is viewed as a founder of modern historiography, sociology and economics. He lived during a turbulent part of history, and out of his experiences, he ?conceived and created a philosophy of history that was undoubtedly the greatest work ever created by a man of intelligence…?. This work tells of the period of unrest in Ibn Khaldun?s life marked by political rivalries. It is during this turbulent period which provided him with the opportunity to write the Muqaddimah (or Prolegomena), earning him an immortal place among historians, sociologists and philosophe

This book addresses the views of the Sunni scholars regarding the importance of genealogical relationship (nasab) in Islamic family law and examines the role of legitimacy on the basis of the legal maxim “al-walad li al-firash”, evidence (al-bayyinah), and doubtful intercourse (wat’ shubhah). It also elucidates the views of the Sunni schools of law on how to establish illegitimacy. For the Sunni jurists, there are several situations that determine the illegitimacy of the child.  A child is considered illegitimate if its birth is the outcome of adultery (zina) or the result of legitimate union but accompanied with imprecation (li‘an). Other circumstances include the birth of the child taking place in less than six lunar months, the father of the child being categorized as one who is incapable of begetting, or the birth as a result of marital relationship considered unlawful because of consanguinity. The book also deals comprehensively with the moral, religious, legal and other aspects of the illegitimate child and the foundling in the works of the Sunni jurists. The status and rights of the illegitimate child and the foundling in the Islamic family law of Malaysia and Brunei are also discussed by referring to some provisions from Federal Territory Act 1984 (Act 303) and Brunei law.