KembaraXtra-Islamic Finance – Istishab (Presumption of Permissibility)
KembaraXtra-Islamic Finance – Istishab (Presumption of Permissibility) Introduction In Islamic jurisprudence, one of the fundamental guiding principles is Istishab, commonly referred to as the “presumption of permissibility.” This doctrine establishes t
KembaraXtra-Islamic Finance – ʿUrf (Customary Practice) in Islamic Law
KembaraXtra-Islamic Finance – ʿUrf (Customary Practice) in Islamic Law Introduction In Islamic jurisprudence, the concept of ʿUrf (customary practice) holds an important position as one of the subsidiary sources of law. Alongside the Qur’an, Sunnah, Ijma
KembaraXtra-Islamic Finance – ʿIllah (Legal Reason in Qiyās)
KembaraXtra-Islamic Finance – ʿIllah (Legal Reason in Qiyās) Introduction In Islamic legal methodology, particularly in Qiyās (analogical reasoning), the central pivot is the ʿIllah--the underlying cause, ratio decidendi, or effective reason behind a rul
KembaraXtra-Islamic Finance – 50 Examples of Sadd al-Dharā’iʿ (Blocking the Means)
KembaraXtra-Islamic Finance – 50 Examples of Sadd al-Dharā’iʿ (Blocking the Means) Introduction Sadd al-Dharā’iʿ literally means blocking the means. It is a principle in Islamic jurisprudence that prohibits something permissible if it leads to harm, inj
KembaraXtra-Islamic Finance – 50 Examples of Istishab (Presumption of Continuity)
KembaraXtra-Islamic Finance – 50 Examples of Istishab (Presumption of Continuity) Introduction Istishab is a principle of Islamic jurisprudence that means presumption of continuity. It is applied when there is uncertainty: the law assumes that the previ
KembaraXtra Islamic Finance – 50 Examples of ʿUrf (Customary Practice)
KembaraXtra Islamic Finance – 50 Examples of ʿUrf (Customary Practice) Introduction In Islamic jurisprudence, ʿUrf means customary practice -- the norms, traditions, and habits of a society that people commonly follow in daily dealings. Key Principles
KembaraXtra–Islamic Finance – 50 Examples of Istislah (Public Interest)
KembaraXtra–Islamic Finance – 50 Examples of Istislah (Public Interest) Introduction Istislah (also called Maslahah Mursalah) is a principle of Islamic jurisprudence that establishes rulings based on public interest (maslahah) where there is no explici
KembaraXtra–Islamic Finance –Examples of Istihsān (Juristic Preference)
KembaraXtra–Islamic Finance –Examples of Istihsān (Juristic Preference) Introduction Istihsān literally means “to deem something preferable.” In Islamic jurisprudence, it is a principle that allows jurists to depart from a strict analogy (Qiyās) when su
KembaraXtra–Islamic Finance – 50 Examples of Qiyās (Analogical Reasoning)
KembaraXtra–Islamic Finance – 50 Examples of Qiyās (Analogical Reasoning) Introduction Qiyās is a method of legal reasoning in Islamic law where a ruling for a new case is deduced by drawing an analogy with an established case from the Qur’an or Sunnah
KembaraXtra–Islamic Finance – Ijtihad or Legal Reasoning
KembaraXtra–Islamic Finance – Ijtihad or Legal Reasoning Introduction In Islamic jurisprudence, the term Ijtihad refers to the process of applying independent legal reasoning to deduce rulings on issues not explicitly covered in the two primary sources