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Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures

Abstract Islamic legal maxims promote the spirit of Islamic law through extrapolation of the texts. The legal maxim of al-ʿādah is one of the five basic legal maxims agreed upon among classical Muslim jurists. Despite the wide acceptability of custom in Islamic legal theory and its authoritative...

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Main Author: Zakariyah, Luqman
Format: Article
Language:English
Published: Koninklijke Brill NV 2012
Subjects:
KBP173.25 Islamic law and other disciplines or subjects
Online Access:http://irep.iium.edu.my/33605/1/Custom_and_Society_in_Arab_Law_Quarterly_Brill.pdf
http://irep.iium.edu.my/33605/
http://booksandjournals.brillonline.com/content/journals/10.1163/157302512x612159
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spelling my.iium.irep.336052014-07-17T04:35:51Z http://irep.iium.edu.my/33605/ Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures Zakariyah, Luqman KBP173.25 Islamic law and other disciplines or subjects Abstract Islamic legal maxims promote the spirit of Islamic law through extrapolation of the texts. The legal maxim of al-ʿādah is one of the five basic legal maxims agreed upon among classical Muslim jurists. Despite the wide acceptability of custom in Islamic legal theory and its authoritativeness in application, one of the controversial issues surrounding the use of custom (al-ʿādah) is whether, by law, rulings can be changed over time when customs have changed. Thus, this article aims to examine the effect of custom in rulings related to ḥudūd and qiṣāṣ (fixed and retaliative punishments) in Islamic law and whether such rulings can be changed over time as custom changes and, if they can be changed, to what extent can such changes be made and to what effect do such changes affect the sanctity of the Qurʾān and Ḥadīth texts. Koninklijke Brill NV 2012 Article REM application/pdf en http://irep.iium.edu.my/33605/1/Custom_and_Society_in_Arab_Law_Quarterly_Brill.pdf Zakariyah, Luqman (2012) Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures. Arab Law Quarterly, 26. pp. 75-97. ISSN 1573-0255 (O), 0268-0556 (P) http://booksandjournals.brillonline.com/content/journals/10.1163/157302512x612159 10.1163/157302512X612159
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic KBP173.25 Islamic law and other disciplines or subjects
spellingShingle KBP173.25 Islamic law and other disciplines or subjects
Zakariyah, Luqman
Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures
description Abstract Islamic legal maxims promote the spirit of Islamic law through extrapolation of the texts. The legal maxim of al-ʿādah is one of the five basic legal maxims agreed upon among classical Muslim jurists. Despite the wide acceptability of custom in Islamic legal theory and its authoritativeness in application, one of the controversial issues surrounding the use of custom (al-ʿādah) is whether, by law, rulings can be changed over time when customs have changed. Thus, this article aims to examine the effect of custom in rulings related to ḥudūd and qiṣāṣ (fixed and retaliative punishments) in Islamic law and whether such rulings can be changed over time as custom changes and, if they can be changed, to what extent can such changes be made and to what effect do such changes affect the sanctity of the Qurʾān and Ḥadīth texts.
format Article
author Zakariyah, Luqman
author_facet Zakariyah, Luqman
author_sort Zakariyah, Luqman
title Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures
title_short Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures
title_full Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures
title_fullStr Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures
title_full_unstemmed Custom and society in Islamic criminal law: a critical appraisal of the Maxim ‘al-ʿĀdah Muḥakkamah’ (Custom is authoritative) and its sisters in Islamic legal procedures
title_sort custom and society in islamic criminal law: a critical appraisal of the maxim ‘al-ʿādah muḥakkamah’ (custom is authoritative) and its sisters in islamic legal procedures
publisher Koninklijke Brill NV
publishDate 2012
url http://irep.iium.edu.my/33605/1/Custom_and_Society_in_Arab_Law_Quarterly_Brill.pdf
http://irep.iium.edu.my/33605/
http://booksandjournals.brillonline.com/content/journals/10.1163/157302512x612159
_version_ 1643610473326706688
score 13.211869

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