The work on iqtiḍāun-naṣṣ explores the theoretical interpretations of Ḥanafi scholars in relation to the necessarily assumed meaning of the legislative text (iqtiḍāun-naṣṣ) and the consequences of such an interpretation on the regulations to which the Ḥanafis came in their legal reasoning (ijtihād). At the beginning of the paper, the linguistic and...

By Šukrija Ramić

This paper attempts to elaborate on the Shafi’i school of law scholars’ theoretical interpretation of the acceptance of the opposite implicit meaning (mefhūmu-l- muhālefe) method in the ijtihad and the consequences of such interpretation on the derivation of legal regulations in that school. At the beginning of the paper, we briefly explain the dis...

By Šukrija Ramić

Ovaj rad prezentira razmišljanja autora o moralno-šerijatskoj dimenziji naučnog istraživanja. U uvodnom dijelu autor ističe značaj islama za ljudski rod, a potom objašnjava značenje termina moralno-šerijatska dimenzija i šta se pod tim podrazumijeva u kontekstu zadate teme. U nastavku autor pojašnjava koje su, sa šerijatskog aspekta, dozvoljene sfe...

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

This paper discusses the Shafi’i school of law scholars’ theoretical interpretation of the harmonious meaning (mefhūmu-l-muvāfeqa) and the consequences of such interpretation on the ijtihad in that school, with respect to their interpretation of implicit meaning of a legislative text (delāletu-l-mefhūm). At the beginning of the paper the purpose an...

By Šukrija Ramić

This paper examines Hanafī legal school theoretical interpretations of the logical and legal meaning of the legislative text (dalālatu-n-naṣṣ) and the consequences of such an interpretation on the legal norms that the Hanafis came to with their ijtihād. At the beginning, the question of possible textual indications (ed-delalāt) of legislative texts...

By Šukrija Ramić

This paper presents the understanding and interpretation of the theme of ‘ibāretun-nass in the Hanafi School of law, which is usually dealt in a branch of linguistics by methodologists of Islamic law. The importance of the branch of Methodology of Islamic law on linguistics and the benefits that a mujtahid has from the principles established by sch...

By Šukrija Ramić

This paper explains one of the five general Shari’ah legal principles: “What is certain cannot be denied by doubt,” (Al yaqīnu lā yazūlu bish-shakk) 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 ...

By Šukrija Ramić

This paper examines the Hanafi scholars’ approach to the alluded meaning (isharat al-nass) of a legislative text, and the implications of such an approach for the legal norms the Hanafis derived through ijtihad. The first part of the paper discusses the issue of possible textual indications (al-dalalat) within a legislative text, and then the conce...

By Šukrija Ramić