Zu Ehren von Hilmar Krüger
Edited By Hans-Georg Ebert
Maqāṣid aš-šarī‘a und die Konversation zwischen islamischem und säkularem Recht – Vom Austausch von Monologen zum kritischen Dialog
This is a court of review, not a tribunal unbounded by rules. We do not sit like a kadi under a tree dispensing justice according to considerations of individual expediency.
US Supreme Court, Terminiello v. City of Chicago, 1949
(337 U.S.1 at 11 per Frankfurter J)
Equity is a roguish thing: for law we have a measure, know what to trust to; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. ‘Tis all one as if they should make the standard for the measure we call a foot, a Chancellor’s foot; what an uncertain measure would this be? One Chancellor has a long foot, another a short foot, a third an indifferent foot: ‘tis the same thing in a Chancellor’s conscience.
John Selden, Table Talk, 16892
When the Apostle of Allah … intended to send Mu‛ādh ibn Jabal to the Yemen, he asked: How will you judge when the occasion of deciding a case arises?
He replied: I shall judge in accordance with Allah’s Book. He asked: [What will you do] if you do not find any guidance in Allah’s Book? He replied: [I shall act] in accordance with the Sunnah of the Apostle of Allah. …
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