This paper elaborates on how the scholars of the Hanafi School of Law theoretically considered mufesser and muḥkem. Mufesser and muḥkem represent two out of four categories (ẓāhir, naṣṣ, mufassar and muḥkem) in the categorization of the clear meaning of the legislative text (wāḍiḥ) in the Hanafi school. Naming examples, the paper analyses the use o...

By Šukrija Ramić

This paper sheds some light on one of the five general principles in sharia: “There is no inflicting of harm or repaying one by inflicting harm”, and the subordinate principles which are subsumed under it. The origin, the point of reference and the meaning of this principle is explained at the beginning with a special mention of the hadith with the...

By Šukrija Ramić

This work highlights one of five general principles in Sharia law “Actions of an individual are judged according to his/her intentions”. In the introduction a definition for the Islamic law principles (el-qavaid el-fiqhijje) is provided, then the beginning and development of these principles are explained. Having in mind that the intention (niyyah...

By Šukrija Ramić

This paper explores the theoretical interpretations of the pronounced meaning of the legislative text (al-manṭūq) in the Shafii school of law and the consequences of such an interpretation for the rules that the Shafiis came to through their legal reasoning (ijtihād). At the beginning of the work, the discipline of linguistics is explained in the c...

By Šukrija Ramić

This paper explains one of the five general Shari’ah legal principles: “The hardship causes alleviation” (El-mešeqqatu tedžlibut-tejsīr) and it sheds some light on the subordinate principles which are subsumed under it. At the beginning of this paper the origin, the point of reference and the meaning of this principle is explained with a special re...

By Šukrija Ramić

This paper explains one of the five general Shari‘ah legal principles: “The custom has power of law” (El-‘ādetu muhakkemetun) and it sheds some light on the subordinate principles which are subsumed under it. At the beginning of this paper the origin, the point of reference and the meaning of this principle is explained with a special reference to ...

By Šukrija Ramić

This paper elaborates ten crucial principles that should be the basis for ijjtihad in Islamic law (Fikh): 1. the principle of active ijjtihad, 2. the principle of considering the entire fikh heritage and braking loose with a blind devotion to any of the mezhebs, 3. the principle of understanding the essence of life conditions and circumstances, 4. ...

By Šukrija Ramić

This paper considers the issue of interpretation (ta’weel) of original texts of Shari’ah in the spirit of traditional teaching. In the introduction the author emphasises the significance of knowing this issue through history and present day. After explaining linguistic meaning, the author describes a meaning of ta’weel in the tradition of selefus-s...

By Šukrija Ramić

In this paper, we try to shed some light on the possibility and necessity for Islamic banks to play some more active role in realizing one of the most important purposes of Islamic law – Sharia – to eradicate poverty and to insure just distribution of profit and wealth. The paper presents a sharia-legal foundation for starting institutions inside I...

By Šukrija Ramić

This paper elaborates on how the scholars of the Hanafi School of Law theoretically considered the clear meaning of the legislative text (wāḍiḥ) and how the Hanafis categorized it. Out of the four categories: ẓāhir, naṣṣ, mufassar and muḥkem, this paper deals with the first two. Naming examples, the paper presents the use of these categories in the...

By Šukrija Ramić