Imran Ahsan Khan Nyazee (عمران احسن خان نیازی; born 25 October 1945, Pakistan) is a Pakistani legal scholar. He has taught at International Islamic University Islamabad for over 20 years.
His Theories of Islamic Law [1] has been described as laying the foundations for a 'new (Islamic) jurisprudence'.[2]
His works include Theories of Islamic Law –in which Islamic legal theories have been presented from the perspective of comparative jurisprudence; Islamic Law of Business Organizations (Partnerships [3])—which discusses aspects of Islamic business law; Islamic Law of Business Organizations (Corporations)[4]—a treatise on fictitious personality in the light of classical fiqh; The Concept of Riba in Islamic Banking and its sequel, Prohibition of Riba Elaborated [5] as well asMurabaha and Credit Sale [6]—all three of which are strong critiques of Islamic Banking.
Nyazee enrolled in the LLM program in Islamic law offered by the Faculty of Shariah and Law at International Islamic University, Islamabad. His teacher was Hussein Hamid Hassan, an expert in fatwas for Islamic finance.[7]
Theoriesedit
Some Western scholars suppose that Al-Shāfi'ī was the founder of Islamic legal theory and prior to his work, the Shafi'i theory, called uṣūl al-fikh or the 'common classical theory', Islamic law was based on personal opinion, that is, ra'y and Umayyad practice. Nyazee argues that the Shafi'i, championed by Al-Juwaynī, was accepted by Sunni schools of Islamic law but did not, however, determine their fiqh (positive doctrine or teachings). Rather, the fiqh dates to 132 Hijrah A.H., at least 50 years prior to the Shafi'i. Nyazee argues firstly, that due to its unique set of principles of interpretation, each school of Islamic law represents a theory of law unto itself. Secondly, he points out that Istiḥsān cannot be understood without understanding of the workings of qiyās. It is, therefore, difficult to accept that there was no system of interpretation before al-Shāfi‘ī's time. Thirdly, he concludes that the uṣūl al-fiqh never existed. Furthermore, Nyazee describes beyond the individual fikh of each school of law, another theory of interpretation called maqāṣid al-sharī‘ah (theory for the purpose of the sharī‘ah) which was developed by al-Ghazālī.[8]
Cooperating spheresedit
The fiqh was based on a rigid analogical, method which required casuistry to bridge the divide between theory and practice. With this difficulty, the state resorted to secular legislation. In considering this divide between theory and practice, Nyazee reasoned that the theories of the schools were designed to stay close to the meaning of the texts of the Qur'an and the Sunnah, a religious imperative. The mission of the jurists, especially those inclined to literal interpretation of their texts, was to develop a theory of law which would remain unchanged over the long term. The fiqh of 132 A.H. was seen as this theory. It was accepted that the state would manage any practicalities the fiqh did not address while respecting the corps of the fiqh. Nyazee describes this arrangement as a 'doctrine of cooperating spheres': a fixed sphere that would never change, and a flexible sphere that would change with time and circumstances.[9]
Banking and businessedit
Nyazee also proposes that all loans (except those of a charitable nature without a fixed period of repayment) and therefore all banking is prohibited and unIslamic. Nyazee is equally intolerant of murabaha, the Islamic system of business where in-put costs and mark-ups are made transparent between vendor and buyer. He argues riba will inevitably enter such transactions.[10] He extends the prohibition to the creation of wealth on the basis of debt and the fractional reserve banking system. These elements along with zakat (the system of alms-giving) he says, are the differences between Islam and capitalism. He advocates the use of the gold and silver dinars and dirhams as the currency of the Muslim community.[11][12][13][14][15][16]
Rightsedit
Nyazee conceives rights in three elements: those belonging to Allah and bestowed on all people (haqq); those related to the state, imam or a community of individuals (ḥuqūq al-‘ibād); and those of the individual (ḥaqq al-‘abd). He associates human rights and hudud with the rights of Allah and states those rights are integral to an Islamic community. Nyazee considers the areas of criminal law, ḥudūd, ta‘zīr and siyāsah in a similar fashion. The procedures used in conviction and sentencing relate to the three elements of rights.[8]: 138 [17]: 72
Select bibliographyedit
Theories of Islamic law: the methodology of Ijtihad.[18]
^Visser H. "Islamic Finance: Principles and Practice." Edward Elgar Publishing, 2013. p69. ISBN9781781001745.
^Nyazee I. A. K. The Concept of Ribā and Islamic banking. Niazi Publishing House, 1995.
^Nyazee I. A. K. "Prohibition of Ribā. Islamabad 2009.
^Nyazee I. A. K. Murābaḥah and the credit sale. Islamabad 2009.
^Nyazee I. A. K. Islamic law of business organization: the law of partnership. International Institute of Islamic Thought, Islamabad, 1997.
^Nyazee I. A. K. Islamic law of business organization: corporations. International Institute of Islamic Thought, Islamabad, 1998.
^Nyazee I. A. K. Shari'ah bill of rights. Federal Law House, Islamabad. 2011.
^Nyazee I. A. K. General principles of criminal law, Islamic and Western.
^Nyazee I. A. K. "Theories of Islamic law: the methodology of Ijtihād." Adam Publishers & Distributors, 1996. ISBN9788174350374
^Nyazee I. A. K. "Islamic jurisprudence: usul al fiqh." International Institute of Islamic Thought, 2000. Original from the University of Michigan. Digitized 27 Oct 2008. ISBN9781565640962
^Nyazee I. A. K. "Islamic law of business organization (partnerships)". International Institute of Islamic Thought, Islamabad, 1998. ISBN9789839541304.
^Nyazee I. A. K. Islamic law of business organization (corporations). International Institute of Islamic Thought, 1998.
^Nyazee I. A. K. The concept of ribā and Islamic banking. Niazi Publishing House, Islamabad, 1995.
^Nyazee I. A. K. Prohibition of riba elaborated. Federal Law House, Rawalpindi, 2009.
^Nyazee I. A. K. Murabaha and credit sale. Federal Law House, Rawalpindi, 2009.
^Nyazee I. A. K. "The distinguished jurist's primer." Garnet publishing, 1999. Volumes 1 and 2.
^Nyazee I. A. K. The book of revenue. Garnet Publishing, 2002.
^Nyazee I. A. K. The guidance. Amal Press, Bristol, 2008.
^Nyazee I. A. K. The reconciliation of the fundamentals of Islamic law. Garnet Publishing, 2011
January 01, 1970
imran, ahsan, khan, nyazee, confused, with, imran, khan, niazi, عمران, احسن, خان, نیازی, born, october, 1945, pakistan, pakistani, legal, scholar, taught, international, islamic, university, islamabad, over, years, theories, islamic, been, described, laying, f. Not to be confused with Imran Khan Niazi Imran Ahsan Khan Nyazee عمران احسن خان نیازی born 25 October 1945 Pakistan is a Pakistani legal scholar He has taught at International Islamic University Islamabad for over 20 years His Theories of Islamic Law 1 has been described as laying the foundations for a new Islamic jurisprudence 2 His works include Theories of Islamic Law in which Islamic legal theories have been presented from the perspective of comparative jurisprudence Islamic Law of Business Organizations Partnerships 3 which discusses aspects of Islamic business law Islamic Law of Business Organizations Corporations 4 a treatise on fictitious personality in the light of classical fiqh The Concept of Riba in Islamic Banking and its sequel Prohibition of Riba Elaborated 5 as well asMurabaha and Credit Sale 6 all three of which are strong critiques of Islamic Banking Contents 1 Academic career 2 Theories 2 1 Cooperating spheres 3 Banking and business 4 Rights 5 Select bibliography 6 ReferencesAcademic career editNyazee enrolled in the LLM program in Islamic law offered by the Faculty of Shariah and Law at International Islamic University Islamabad His teacher was Hussein Hamid Hassan an expert in fatwas for Islamic finance 7 Theories editSome Western scholars suppose that Al Shafi i was the founder of Islamic legal theory and prior to his work the Shafi i theory called uṣul al fikh or the common classical theory Islamic law was based on personal opinion that is ra y and Umayyad practice Nyazee argues that the Shafi i championed by Al Juwayni was accepted by Sunni schools of Islamic law but did not however determine their fiqh positive doctrine or teachings Rather the fiqh dates to 132 Hijrah A H at least 50 years prior to the Shafi i Nyazee argues firstly that due to its unique set of principles of interpretation each school of Islamic law represents a theory of law unto itself Secondly he points out that Istiḥsan cannot be understood without understanding of the workings of qiyas It is therefore difficult to accept that there was no system of interpretation before al Shafi i s time Thirdly he concludes that the uṣul al fiqh never existed Furthermore Nyazee describes beyond the individual fikh of each school of law another theory of interpretation called maqaṣid al shari ah theory for the purpose of the shari ah which was developed by al Ghazali 8 Cooperating spheres edit The fiqh was based on a rigid analogical method which required casuistry to bridge the divide between theory and practice With this difficulty the state resorted to secular legislation In considering this divide between theory and practice Nyazee reasoned that the theories of the schools were designed to stay close to the meaning of the texts of the Qur an and the Sunnah a religious imperative The mission of the jurists especially those inclined to literal interpretation of their texts was to develop a theory of law which would remain unchanged over the long term The fiqh of 132 A H was seen as this theory It was accepted that the state would manage any practicalities the fiqh did not address while respecting the corps of the fiqh Nyazee describes this arrangement as a doctrine of cooperating spheres a fixed sphere that would never change and a flexible sphere that would change with time and circumstances 9 Banking and business editNyazee also proposes that all loans except those of a charitable nature without a fixed period of repayment and therefore all banking is prohibited and unIslamic Nyazee is equally intolerant of murabaha the Islamic system of business where in put costs and mark ups are made transparent between vendor and buyer He argues riba will inevitably enter such transactions 10 He extends the prohibition to the creation of wealth on the basis of debt and the fractional reserve banking system These elements along with zakat the system of alms giving he says are the differences between Islam and capitalism He advocates the use of the gold and silver dinars and dirhams as the currency of the Muslim community 11 12 13 14 15 16 Rights editNyazee conceives rights in three elements those belonging to Allah and bestowed on all people haqq those related to the state imam or a community of individuals ḥuquq al ibad and those of the individual ḥaqq al abd He associates human rights and hudud with the rights of Allah and states those rights are integral to an Islamic community Nyazee considers the areas of criminal law ḥudud ta zir and siyasah in a similar fashion The procedures used in conviction and sentencing relate to the three elements of rights 8 138 17 72 Select bibliography editTheories of Islamic law the methodology of Ijtihad 18 Islamic jurisprudence usul al fiqh 19 Islamic law of business organizations partnerships 20 Islamic law of business organizations corporations 21 The concept of riba and Islamic banking 22 Prohibition of riba elaborated 23 Murabaha and credit sale 24 The distinguished jurist s primer a translation of Bidayat al Mujtahid by Averroes 25 The book of revenue a translation of Kitab al Amwal by Abu Ubayd ibn Salam 26 The guidance a translation of Al Hidayah 27 Reconciliation of the fundamentals of Islamic law a translation of Al Muwafaqat by Al Shatibi 28 References edit Nyazee Theories of Islamic Law Methodology of Ijtihad Islamabad International Institute of Islamic Thought amp Islamic Research Institute 1994 Waines David An Introduction to Islam Cambridge University Press Cambridge 2003 300 Nyazee Islamic Law of Business Organization Partnerships Islamabad International Institute of Islamic Thought 1998 Nyazee Islamic Law of Business Organization Corporations Islamabad International Institute of Islamic Thought 1998 Nyazee Prohibition of Riba Elaborated Rawalpindi Federal Law House 2009 Nyazee Murabaha and Credit Sale Rawalpindi Federal Law House 2009 How to be Islamic in business The Economist Middle East and Africa Dubai 7 June 2007 Accessed 24 December 2013 a b Nyazee Imran Ahsan Khan 1996 1994 Theories of Islamic law methodology of Ijtihad Islamabad Adam Publishers amp Distributors ISBN 9788174350374 Qur an 2 229 Visser H Islamic Finance Principles and Practice Edward Elgar Publishing 2013 p69 ISBN 9781781001745 Nyazee I A K The Concept of Riba and Islamic banking Niazi Publishing House 1995 Nyazee I A K Prohibition of Riba Islamabad 2009 Nyazee I A K Murabaḥah and the credit sale Islamabad 2009 Nyazee I A K Islamic law of business organization the law of partnership International Institute of Islamic Thought Islamabad 1997 Nyazee I A K Islamic law of business organization corporations International Institute of Islamic Thought Islamabad 1998 Nyazee I A K Shari ah bill of rights Federal Law House Islamabad 2011 Nyazee I A K General principles of criminal law Islamic and Western Nyazee I A K Theories of Islamic law the methodology of Ijtihad Adam Publishers amp Distributors 1996 ISBN 9788174350374 Nyazee I A K Islamic jurisprudence usul al fiqh International Institute of Islamic Thought 2000 Original from the University of Michigan Digitized 27 Oct 2008 ISBN 9781565640962 Nyazee I A K Islamic law of business organization partnerships International Institute of Islamic Thought Islamabad 1998 ISBN 9789839541304 Nyazee I A K Islamic law of business organization corporations International Institute of Islamic Thought 1998 Nyazee I A K The concept of riba and Islamic banking Niazi Publishing House Islamabad 1995 Nyazee I A K Prohibition of riba elaborated Federal Law House Rawalpindi 2009 Nyazee I A K Murabaha and credit sale Federal Law House Rawalpindi 2009 Nyazee I A K The distinguished jurist s primer Garnet publishing 1999 Volumes 1 and 2 Nyazee I A K The book of revenue Garnet Publishing 2002 Nyazee I A K The guidance Amal Press Bristol 2008 Nyazee I A K The reconciliation of the fundamentals of Islamic law Garnet Publishing 2011 Retrieved from https en wikipedia org w index php title Imran Ahsan Khan Nyazee amp oldid 1201429015, wikipedia, wiki, book, books, library,
