EQUITY AND FAIRNESS IN ISLAM

This is the first work in the English language to deal specifically with the subjects of equity and fhirness in Islamic law Prof M H Kamali relates these concepts to the Islamic legal notion of istihDn, thus taking them back to their origin in the Qurän, the sayang of the Prophet Muhammad and the era of the Companious of the Prophet in the first two centuries of Islam.
This is followed by discussions of equity as a basic for the formulation of Islamic law and a comparison between it and other concepts essential for law making such as general consensus (ijønä), analogical reasoning ( qiyäs) and considerations ofpublic interest ( Equity and fairness
are then looked at from the points of view of three of the schools of law:
the Hanafi, the Mäliki and the Hanbali, Part One of Equity and Fairness in Islamic Law concludes in-depth explorations of equity and its applications.

Part Two is an attempt to apply the concepts of equity and fairness
to certain issues of contemporary concern and especially to commercial
transactions. The issues raised here are related to Islamic banking, sale
transactions, charitable endowments, pensions funds and other long-term
saving accounts.
The concluding part of the books deals with the relationship between
the concepts of equity and fairness and the goals and objectives of Islamic
‘law; and how these two concepts can work as instruments for securing
the objectives of Islamic law.

• AUTHOR: MUHAMMED HASHIM KAMALI
• PUBLISHED BY ILMIAH PUBLISHERS