Author Profile

Andrew Thomas is a distinguished legal scholar, theologian, and academic whose lifelong dedication to comparative jurisprudence has positioned him as a vital bridge between Western legal frameworks and classical Islamic law. Holding a Ph.D. in Islamic Law and Middle Eastern Studies from Oxford University, alongside a Master of Laws (LLM) in Comparative Jurisprudence from Harvard Law School, Dr. Thomas combines rigorous Western academic methodologies with a deep, respectful mastery of traditional Islamic texts. For over two decades, his research has focused on translating the complexities of Fiqh (Islamic jurisprudence) and Usul al-Fiqh (principles of Islamic jurisprudence) into accessible paradigms for modern legal practitioners, academics, and students globally. Dr. Thomas has spent years conducting extensive field research across the Middle East and North Africa, collaborating with leading jurists at prestigious institutions such as Al-Azhar University in Cairo and the University of Jordan. In Handbook of Islamic Jurisprudence, Dr. Thomas delivers a masterclass in structural clarity and analytical depth. His unique qualification lies in his ability to deconstruct dense classical texts spanning the Hanafi, Maliki, Shafi'i, and Hanbali schools of thought and present them alongside contemporary global legal standards without compromising their spiritual or historical integrity. As a former senior consultant on Islamic commercial law for international arbitration bodies and a tenured professor of comparative law, he brings unparalleled practical insight to this work. This handbook stands as a testament to his profound scholarship, offering an indispensable, authoritative guide for anyone seeking to understand the foundational pillars, ethical dimensions, and evolving applications of Islamic law in the modern world.

About The Book

The Handbook of Islamic Jurisprudence serves as a vital bridge between centuries-old divine text and the complexities of modern human life. Far more than a mere legal manual, a comprehensive handbook on this subject functions as an analytical roadmap. It deconstructs Fiqh (human understanding of Islamic law) and Usul al-Fiqh (the methodology used to derive those laws) into accessible, structured, and profoundly practical knowledge. An authoritative handbook on Islamic jurisprudence is typically structured into two foundational spheres of human existence: Ibādāt (matters of worship and vertical relationship with God) and Mu'āmalāt (civil, commercial, and legal transactions between human beings). The Handbook of Islamic Jurisprudence stands as a definitive, masterfully crafted guide to the intricate architecture of Islamic law (Sharia). It bridges the gap between classical legal traditions and the complexities of the modern world. Written with rigorous scholarship and pedagogical clarity, this comprehensive volume offers an invaluable roadmap for students, academics, legal practitioners, and anyone seeking a profound understanding of how divine revelation translates into actionable human conduct. At its core, Islamic jurisprudence (Fiqh) is not merely a static collection of ancient dogmas, but a living, dynamic methodology. This handbook meticulously unpacks that methodology, exploring the foundational sources of law the Quran and the Sunnah (prophetic traditions) alongside the rational and consensus-based tools of Ijma (scholarly consensus) and Qiyas (analogical reasoning). By demystifying the Usul al-Fiqh (principles of Islamic jurisprudence), the book empowers readers to understand not just what the rules are, but why and how they were derived by the great legal minds of Islamic history.

Table of Contents

Preface
Chapter 1. Origins and Sources of Islamic Jurisprudence
Islamic Jurisprudence Derives from Divine Revelation
Secondary Sources and Jurisprudential Principles
Evolution of Jurisprudence across Time
Chapter 2. Quran as Primary Source of Fiqh
Quran as Foundational Revelation for Islamic Law
Quranic Stories and Legal Precedent
Quranic Universality and Particularity
Chapter 3. Sunnah and its Role in Legal Rulings
Sunnah in Islamic Jurisprudence
Authority of Sunnah in Quranic Perspective
Sunnah and Ijtihad Relationship
Chapter 4. Ijma Consensus in Islamic Law
Linguistic and Technical Definition of Ijma
Evidentiary Basis for Ijma in the Quran
Methods for Establishing that Ijma Has Occurred
Role of Ijma in Resolving Legal Disputes
Relationship between Ijma and Legal Change
Chapter 5. Qiyas Analogical Reasoning Method
Essential Elements of Valid Qiyas
Identification of Effective Cause in Qiyas
Arguments against Qiyas and Responses
Teaching and Learning Qiyas Methodology
Chapter 6. Development of Major Schools of Thought
Emergence of Legal Scholarship in Early Islam
Maliki School: Origins and Development
Schools and State Power
Schools in Contemporary Islamic Thought
Schools and Bioethics
Schools and Contemporary Challenges
Chapter 7. Hanafi School Principles and Methodology
Imam Abu Hanifa’s Life and Intellectual Development Shaped his Methodology
Presumption of Continuity or Istishab in Legal Reasoning
Hanafi School and other Legal Traditions
Hanafi School and the Purposes of Islamic Law
Hanafi School and Women’s Issues
Chapter 8. Maliki School Jurisprudential Approach
Historical Formation and Development of the Maliki School
Maslaha and Consideration of Public Interest
Maliki Criminal Law and Penalty Provisions
Maliki Contributions to Legal Theory and Usul al-Fiqh
Maliki School Contribution to Islamic Civilization
Chapter 9. Shafi’i School Legal Theory
Imam al-Shafi’i: Life and Intellectual Legacy
Concept of Ijtihad in Shafi’i Thought
Abrogation: Naskh Theory in Shafi’i Jurisprudence
Analogy Extension Criteria and Limits
Shafi’i Approach to Preference among Evidences
Authoritative Texts of the Shafi’i School
Shafi’i Contributions to Hadith Criticism
Chapter 10. Hanbali School and Textual Emphasis
Origins of the Hanbali School of Jurisprudence
Imam Ahmad ibn Hanbal Life and Intellectual Formation
Concept of Textual Evidence in Hanbali Thought
Hanbali School and Juristic Independence
Hanbali School and Commercial Transactions
Chapter 11. Shia Jurisprudence Differences
Shia Jurisprudence Emerges from Distinct Historical Roots
Quran in Shia Jurisprudential Methodology
Institution of Marja’iyya and Legal Authority
Chapter 12. Usul al-Fiqh Fundamentals Explained
Usul al-Fiqh Defined as Methodology of Islamic Law
Primary and Secondary Sources Distinction
Urf and Customary Practice in Usul
Tarjih and Preferring between Legal Opinions
Chapter 13. Rules of Interpretation in Sharia
Linguistic Rules of Interpretation
Commands and Prohibitions in Legal Texts
Analogical Reasoning as Interpretive Tool
Role of Intention in Legal Interpretation
Chapter 14. Abrogation and its Application
Linguistic and Technical Meaning of Abrogation
Types of Abrogation Recognized by Scholars
Relationship between Abrogation and Consensus
Difference between Abrogation and Development in Legal Application
Contribution of Early Scholars to Abrogation Studies
Relationship between Abrogation and the Universality of Islamic Law
Chapter 15. Public Interest Maslaha in Law
Maslaha in Islamic Jurisprudence
Maslaha in Relation to Qiyas and other Sources
Maslaha in Juristic Disagreement and Diversity
Maslaha and Legal Maxim Integration
Maslaha in the Balance of Competing Interests
Chapter 16. Custom Urf in Jurisprudential Rulings
Conceptual Foundations of Urf in Islamic Legal Theory
Custom in Commercial Transactions
Custom and Juristic Disagreement
Custom in Contemporary Fatwas
Custom and Intergenerational Transmission
Chapter 17. Family Law Marriage and Divorce
Nature and Purpose of Marriage in Islamic Law
Essential Elements and Conditions for Valid Marriage
Marriage of Non-Muslims under Islamic Law
Child Custody or Hadanah after Divorce
Dissolution of Marriage by Death and its Consequences
Chapter 18. Inheritance Law Distribution Rules
Foundational Sources and Importance of Inheritance Law in Islam
Inheritance of Spouses and Marriage Relationships
Calculation Methods and Fraction Adjustments
Inheritance of Murderers and Disqualification
Chapter 19. Criminal Law Hudud and Ta’zir
Definition and Characteristics of Hudud Crimes
Highway Robbery: Hirabah and its Severe Penalties
Qisas and Diyat: Retribution and Blood Money
Judicial Discretion and its Limits
Contemporary Applications and Reform Discussions
Victims’ Rights in Islamic Criminal Procedure
Bibliography
Index