Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

RECONSIDERATION OF LEGAL DEVICES (HIYAL) IN ISLAMIC JURISPRUDENCE: THE HANAFĪS AND THEIR "EXITS" (MAKHĀRIJ)

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Islamic Law and Society

Hiyal (sg. hīla) are "legal devices" or tools used to achieve a certain objective, lawful or not, through lawful means. Although it is generally agreed that hiyal are not merely "evasions of the law," their exact nature and place within Islamic jurisprudence remains an open question. To date, there have been only a few studies devoted to the subject and these have focused almost exclusively upon the Hanafīs, who developed hiyal into a special branch of the law, called makhārij, i.e. "exits". I shall examine here the doctrine of the Hanafīs together with that of the Mālikī/Medinese jurists, who were early witnesses for and against hiyal as conceived by the Hanafīs. On the basis of their understanding of law in terms of utility, the Hanafīs employed makhārij to provide remedies for those who sought them. As a particular transmission of Hanafī doctrine, the genre of makhārij sought to confirm the standard doctrine by discovering "exits" suggested therein. The Hanafī concern for the subject was shared by the Mālikīs, albeit from a different point of view. The Mālikīs discussed hiyal as jurisprudential materials that convey the validity of their doctrine as prescribing appropriate solutions. Thus, I conclude that both the Hanafīs and Mālikīs regarded hiyal as solutions drawn from the materials of jurisprudence in accordance with the spirit of law as interpreted by the jurists of their respective schools.

10.1163/156851902320901189
/content/journals/10.1163/156851902320901189
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/156851902320901189
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/156851902320901189
Loading

Article metrics loading...

/content/journals/10.1163/156851902320901189
2002-12-01
2016-12-03

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Islamic Law and Society — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation