This is the first work in the English language to deal specifically with the subjects of equity and fairness in Islamic law. Prof M H Kamali relates these concepts to the Islamic legal notion of istihsan, thus taking these concepts back to their origin in the Qur’an, the sayings of the Prophet Muhammad and the era of the Companions of the Prophet in the first two centuries of Islam. Equity and Fairness in Islam contains in-depth explorations of equity and its applications, and it also attempts to apply the concepts of equity and fairness to certain issues of contemporary concern and especially to commercial transactions. The issues raised here are related to Islamic banking, sale transactions, charitable endowments, pensions funds and other long-term saving accounts.
The concluding part of the book deals with the relationship between the concepts of equity and fairness, and the goals and objectives of Islamic law, and how these two concepts can work as an instruments for securing the objectives of Islamic law. Equity and Fairness in Islam can be read in conjunction with other M H Kamali’s titles, especially Islamic Commercial Law.
Dr Mohammad H. Kamali is Chairman of the International Institute of Advanced Islamic Studies, Kuala Lumpur, Malaysia. He was formerly Professor of Law at the International Islamic University Malaysia, where he taught Islamic law and jurisprudence for over twenty years.