Islamic Scientific Schools

In the Name of Allah---the Most Beneficent, the Most Merciful. Islamic Commercial Law Introduction Islamic Commercial Law (al-Fiqh al-Muʿāmalāt) represents the body of legal rules governing economic and business transactions in accordance with the Sharīʿah. Rooted in the Qur’an, Sunnah, and juristic reasoning, it aims to regulate market behaviour, ensure justice, and prevent exploitation. Unlike secular commercial systems, Islamic Commercial Law fuses legal norms with ethical imperatives, positioning economic life as an extension of moral and spiritual accountability. The discipline developed gradually during the formative periods of Islamic jurisprudence, influenced by the practices of the Prophet Muhammad (Peace and blessings be upon him and his progeny), the Companions (May Allah be pleased with them), and successive juristic schools. Today, it forms the basis for Islamic banking, finance, business law, and international trade ethics in Muslim societies and global financial systems....

In the Name of Allah---the Most Beneficent, the Most Merciful. Urf in Islamic Jurisprudence Abstract Urf, or customary practice, represents an essential secondary source of Islamic law that allows jurists to contextualize and apply Shariah in accordance with societal norms. This paper explores the concept of Urf, its scriptural basis in the Qur’an and Sunnah, its use in Islamic jurisprudence, and the conditions under which it is validated. Emphasis is placed on practical examples, such as Bayʿ al-Salām , to demonstrate the integration of customary practice with legal principles. Introduction Islamic jurisprudence (Fiqh) derives its primary legal authority from the Qur’an and Sunnah . However, the dynamic nature of human society necessitates recognition of customs that are widely accepted and practiced. ʿUrf (عرف) refers to such customary practices, defined as the prevalent habits or norms of a society that are familiar and recognized by its members. Classical jurists have recognized...

In the Name of Allah---the Most Beneficent, the Most Merciful. Istishab al-Hal Introduction Istishab al-hal (اِستِصحابُ الحال) is a foundational principle in Islamic legal theory ( usul al-fiqh ). Linguistically, istishab means “to accompany,” while technically it refers to presuming the continuity of a previously established state until evidence proves otherwise . Classical jurists rely on istishab when no explicit textual proof (nass), consensus (ijma‘), or analogy (qiyas) is available. Some schools treat istishab as a strong and independent source of law (such as the Shafi‘i and Hanbali schools), while others consider it a weaker, secondary principle (such as the Hanafi and Maliki schools). Definition of Istishab A standard definition used in usul literature is: “To maintain what previously existed as continuing until a proof establishes otherwise.” This definition highlights: A known and certain previous state. Absence of any evidence of change. Presumption that the previous ruli...