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Selected Essays In Islamic Law

Selected Essays In Islamic Law: Incorporating Contemporary Issues
Author: M.S Omar
Pages: 77

Description

The essays contained in this book which were written in the recent past cover issues relating to Islamic Law. Concisely written, they reflect the dynamism and flexibility of Islamic Law as a comprehensive and all-encompassing system covering all the situations of life. There is no doubt whatsoever that Islamic Law, the Shariah, in its infinite breadth and depth can easily be applied to new situations and changing circumstances. An impartial study of its underlying principles would reveal that they are dynamic and rooted in equity and, as a Divine System, are free from the imperfections of secular man-made systems of Law. The essays contained in this book will inspire the reader to search for more and create a deeper sense of awareness to apply the Shariah, which governs all the activities of Muslims.

Contains Essays On:

  • The key to the Revival of Islam
  • Foundational Principles Underlying Human Rights In Islamic Law   
    • EMPHASIS ON OBLIGATION AS OPPOSED TO RIGHTS
    • PREFERENCE FOR OTHERS AT INDIVIDUAL LOSS
    • OBLIGATIONS ARE A TRUST TO BE DISCHARGED
    • TAQWA OR GOD-CONSCIOUSNESS
    • HUMAN RIGHTS ARE ALL-ENCOMPASSING AND COVER ALL FACETS OF LIFE
    • HUMAN RIGHTS ARE SUPREME AND CANNOT BE ABROGATED
    • HUMAN RIGHTS GRANTED TO ALL EQUALLY WITHOUT DISCRIMINATION
  • Damages for Breach of Contract in Islamic Law
    • SELLER CLAIMS PRICE FROM PURCHASER
    • CLAIM AGAINST NON-CONTRACTING PARTY
    • BUYER RECOVERS FROM CREDITORS OF DECEASED ESTATE
    • CLAIM AGAINST OTHER CONTRACTING PARTY: BUYER RECOVERS LOSS FROM SELLER-EXECUTOR PERSONALLY
    • CLAIM AGAINST NON-CONTRACTING PARTY: CLAIM BY DEFENDANT AGAINST WITNESS WHO RETRACTS EVIDENCE AFTER JUDGEMENT
    • NOTIONAL HARM IN EXERCISING RIGHT AFFECTING RIGHT OF ANOTHERDAMAGES FOR THE USE OF PROPERTY WITHOUT OWNER'S PERMISSION
    • TENANT LIABLE TO LANDLORD FOR DAMAGES
    • LIABILITY OF EMPLOYEES AND INDEPENDENT CONTRACTORS
  • The Scope and Application of the Islamic Law of Succession
    • CRITERIA FOR ENTITLEMENT OF INHERITANCE
      • MATERIAL NEEDS OF THE BENEFICIARIES
      • RELATIONSHIP TO THE DECEASED
      • THE ISLAMIC VIEW: PROXIMITY OF RELATIONSHIP TO THE DECEASED
    • RULE OF PROXIMITY OF RELATIONSHIP: BEST RULE
    • OBLIGATION TO FOLLOW ISLAMIC LAW OFSUCCESSION
    • APPLICATION
  • Grounds for Dissolution of a Marriage in Islamic Law -Rights of the Wife
    • MISSING HUSBAND
    • ABSENT HUSBAND WHOSE ADDRESS IS KNOWN
    • BREACH OF OBLIGATION TO MAINTAIN
    • FAILURE OF HUSBAND TO FULFIL WIFE'S RIGHT TOSEXUAL INTERCOURSE
    • EMASCULATED HUSBAND
    • IMPOTENCY OF HUSBAND
    • INSANITY OF HUSBAND
    • DISEASE OR DEFECT ON THE PART OF THE HUSBAND
  • Parental Donations to Children: Is Equality Necessary?
  • Mudarabah as a Class of Partnership in Islamic Law
  • Is a Woman Obliged to Cover her Face in Shariah
    • SURA AN-NUR, VERSES 30 AND 31
    • SURAH! AL-AZHAB - Verse 53
    • SURAH AL-AHZAB - Verse 59
  • Sale of Immaterial Rights - Trade Marks, Copyrightand Patents
  • Stock Exchange and Financial Markets
    • THE TRADED OPTIONS MARKET
    • CLASSES OF SALES IN THE FINANCIAL MARKETS
    • TRADING IN CURRENCIES
    • SALE OF INDICES
    • ALTERNATIVE TO IMPERMISSIBLE DEALINGS
    • INVESTMENT IN SHARES OF JOINT STOCK COMPANY
    • UNDERWRITING
    • PAYMENT FOR VALUE OF SHARE IN INSTALLMENTS
    • SUBJECT MATTER OF SHARE
    • BEARER SHARES
    • PREFERENCE SHARES
    • TRADING IN SHARES ON THE BASIS OF INTEREST
    • THE SALE AND PLEDGE OF SHARES
    • INITIAL CHARGE ON ISSUE OF SHARES
    • ISSUE OF NEW SHARES
    • LIMITED LIABILITY
    • ADMINISTRATIVE REGULATIONS RELATING TOSHARE DEALINGS
  • Maintenance for Divorced Women : Shah Banu Case
  • How to Calculate your Zakaat
    • MEANING OF ZAKAAT
    • IMPORTANT PRINCIPLE IN IDENTIFYING ASSETSSUBJECT TO ZAKAAT
    • ASSETS SUBJECT TO ZAKAAH
      • GOLD AND SILVER
      • CASH
      • DEBTORS
      • LOAN ACCOUNTS IN COMPANIES
      • SHARES IN PUBLIC: COMPANIES
      • STOCK IN TRADE
    • LIABILITIES WHICH MAY BE DEDUCTED
  • MISCELLANEOUS
    • INSURANCE
    • PROFITS FROM INVESTMENTS
    • INCOME TAX
    • TRUSTS
    • PENSION AND PROVIDENT FUNDS
    • ASSETS EXEMPT FROM ZAKAAH
    • THE PRINCIPLE OF JOINDER OF ACQUISITIONS IN THESAME CLASS
  • ZAKAAT CALCULATION
  • Advice of a Great Jurist: Abu Hanifah (RA)

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Our Testimonials

I personally know the honourable Shaykh Mahomed Shoaib Omar for over thirty years. I found him to be an ardent seeker of knowledge, quick of mind &  constantly devoted to the study of the books of fiqh &  has written himself a number of papers. He has been amongst the foremost participants in drafting the Muslim Personal Law for S.Africa, so that it may be enforced there; and the majority of local Ulama have endorsed this.

~ Mufti Taqi Uthmani

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M.S OMAR & ASSOCIATES

Attorneys and Conveyancers
Suite 1603, 16th Floor
Nedbank House
30 Ingcuce Street
(formerly Albert Street)
Durban, South Africa

Tel (031) 306 3282