Download or read book Shari ah Law written by Mohammad Hashim Kamali and published by Simon and Schuster. This book was released on 2008-03-17 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: A world expert's introduction to the controversial subject of Islamic law Providing a comprehensive and accessible examination of Shari’ah Law, this well considered introduction examines the sources, characteristic features, and schools of thought of a system often stereotyped for its severity in the West. In a progressive and graduated fashion, Mohammad Hashim Kamali discusses topics ranging from juristic disagreement to independent reasoning. Also broaching more advanced topics such as the principle of legality and the role and place of Shari’ah-oriented policy, Kamali controversially questions whether Islam is as much of a law-based religion as it has often been made out to be. Complete with a bibliography and glossary, and both a general index and an index of Arabic quotations, this wide-ranging exploration will prove an indispensable resource for Islamic students and scholars, and an informative guide to a complex topic for the general reader.

Download or read book Shari ah on Trial written by Sarah Eltantawi and published by Univ of California Press. This book was released on 2017-03-28 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In November of 1999, Nigerians took to the streets demanding the re-implementation of shari'ah law in their country. Two years later, many Nigerians supported the death sentence by stoning of a peasant woman for alleged sexual misconduct. Public outcry in the West was met with assurances to the Western public: stoning is not a part of Islam; stoning happens "only in Africa"; reports of stoning are exaggerated by Western sensationalism. However, none of these statements are true. Shari'ah on Trial goes beyond journalistic headlines and liberal pieties to give a powerful account of how Northern Nigerians reached a point of such desperation that they demanded the return of the strictest possible shari'ah law. Sarah Eltantawi analyzes changing conceptions of Islamic theology and practice as well as Muslim and British interactions dating back to the colonial period to explain the resurgence of shari'ah, with implications for Muslim-majority countries around the world.

Download or read book Reasoning with God written by Khaled Abou El Fadl and published by Rowman & Littlefield. This book was released on 2014-10-23 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of recent concern over Shari’ah, such as proposed laws to prohibit it in the United States and conflict over the role it should play in the new Egyptian constitution, many people are confused about the meaning of Shari‘ah in Islam and its role in the world today. In Reasoning with God, renowned Islamic scholar Khaled Abou El Fadl explains not only what Shari‘ah really means, but also the way it can revitalize and reengage contemporary Islam. After a prologue that provides an essential overview of Shari‘ah, Abou El Fadl explores the moral trajectory of Islam in today’s world. Weaving powerful personal stories with broader global examples, he shows the ways that some interpretations of Islam today have undermined its potential in peace and love. Rather than simply outlining challenges, however, the author provides constructive suggestions about how Muslims can reengage the ethical tradition of their faith through Shari‘ah. As the world’s second largest religion, Islam remains an important force on the global stage. Reasoning with God takes readers—both Muslim and non-Muslim—beyond superficial understandings of Shari‘ah to a deeper understanding of its meaning and potential.

Download or read book An Introduction to the Islamic Shari ah written by Sayyid Muhammad Sayyid Muhammad Rizvi and published by . This book was released on 2017-10-07 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this text, Sayyid Muhammad Rizvi has outlined the fundamentals of Shari'ah and how to live by the teachings and laws of Islam. He discusses Taqlid, understanding of the laws and the reasoning behind them, and even the concept of Ijtihad.

Download or read book Islamic Finance and the Shari ah written by Michael J. T. McMillen and published by CreateSpace. This book was released on 2013-12-26 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about how Islamic finance is conducted in contemporary times. It is also about change and how change occurs in two areas. The first area is change in a body of law, both generally and specifically with respect to Islamic Shari`ah in the areas of commerce and finance. The second area is Islamic finance. Change in the Shari`ah and in Islamic finance are intimately and inextricably related: the Shari`ah defines and constrains change in Islamic finance. Legal change necessarily involves consideration of the interpretive modalities that are employed in effecting that legal change, and interpretive modalities in Islamic finance are also considered.The book is divided into four parts. Part I outlines the context and provides background for later discussions. Part II introduces the Shari`ah and its interpretation. Part III discusses a specific fatwa issued to Dow Jones in 1998 in respect of equity investing and equity indices (the Dow Jones Fatwa), its sequelae, and murabaha transactions. And Part IV addresses issues pertaining to and criticisms of Islamic finance.Part I describes the objectives and organization of the book, provides a short history of modern Islamic finance, and sets forth a categorized summary of the issues and criticisms raised by various critics.The discussion of Shari`ah matters in Part II begins with a summary of the nature of the Shari`ah (Islamic law) as applied in Islamic finance. This is followed by a detailed description of the Shari`ah scholars and Shari`ah boards that interpret and apply Islamic law in the field of Islamic finance. Topics considered include the qualifications of scholars, the nature and structure of Shari`ah boards and how they are comprised and operate, and the roles and functions of Shari`ah boards. The final chapter in this Part discusses the fatwa (legal opinion) that implements Islamic law in the transactional, operational entity and standard-setting context. Part III provides detailed discussions of the Dow Jones Fatwa, its equity investment tests, permissible and impermissible equity instruments, permissible and impermissible business activities, financial screens for impermissible interest income, and other important principles. In particular, the discussion focuses on the principles of “permissible variance” (or “permissible impurity”) and “purification” that have been instrumental in the development and growth of Islamic finance. Succeeding chapters in this Part trace how the permissible variance principles have evolved and expanded in areas such as equity, private equity and real estate investing, and the financing of those activities, and in project and infrastructure finance. Six areas of evolution and expansion are considered. These include (1) modification of the initial tests, (2) new equity investing tests, (3) permissible and impermissible business activities in different areas of practice and the variations in impurity that are permitted in those areas, (4) the most commonly used structures in modern Islamic finance (the lease or ijara and the murabaha or cost-plus sale), and) (5) when and how purification (largely by donation to charity) are effected.The final group of chapters, in Part IV, discuss the various issues and criticisms in detail. Topics include (i) the amount of discretion afforded Shari`ah scholars, (ii) the intentions of different transactional parties in Islamic finance transactions, (iii) the degree of formalism in application of interpretive modalities, (iv) complexities and transaction costs (both absolutely and relative to corresponding conventional transactions), (v) social justice and policy issues, and (vi) the application of interpretative modalities and their relationship to different jurisprudential theories of legal change.The book includes an extensive bibliography and index.For further information, please see http://www.islamicfinanceinpractice.com

Download or read book Edinburgh Companion to Shari ah Governance in Islamic Finance written by Syed Nazim Ali and published by Edinburgh University Press. This book was released on 2020-03-18 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a group of prominent shari'ah scholars, academics and practitioners in the field of Islamic finance, this book contains 17 in-depth case studies of shari'ah governance practices and experiences as well as critical analysis of these practices. It serves as a standalone comprehensive reference work on shari'ah governance, containing an overview of its Islamic legal foundations, its evolution and development over the years, current practices and debates on shari'ah governance standards and future prospects for shari'ah governance in the global Islamic finance market.

Download or read book Tawhid and Shari ah written by Masudul Alam Choudhury and published by Springer Nature. This book was released on 2020-11-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book invokes the Tawhidi ontological foundation of the Qur’anic law and worldview, and is also a study of ta’wil, the esoteric meaning of Qur’anic verses. It presents a comparative analysis between the Tawhidi methodology and the contemporary subject of Shari’ah. Masudul Alam Choudhury brings about a serious criticism of the traditional understanding of Shari’ah as Islamic law contrary to the holistic socio-scientific worldview of the unity of knowledge arising from Tawhid as the law. A bold repudiation of the Islamic traditional understanding and the school of theocracy, Choudhury’s critique is in full consonance with the Qur’an and Sunnah. It is critical of the sectarian (madhab) conception of relational independence of facts. Thus the non-creative outlook of Shari’ah contrasts with universality and uniqueness of Tawhid as the analytically established law explaining the monotheistic organic unity of being and becoming in ‘everything’. This wide and strict methodological development of the Tawhidi worldview is articulated in this work. The only way that Tawhid and Shari'ah can converge as law is in terms of developing the Tawhidi methodology, purpose and objective of the universal and unique law in consonance with the ontology of Tawhid. Such a convergence in the primal ontological sense of Tawhid is termed as maqasid as-shari'ah al-Tawhid.

Download or read book Foundations of Shari ah Governance of Islamic Banks written by Karim Ginena and published by John Wiley & Sons. This book was released on 2015-04-06 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide for robust sharī'ah governance of the Islamic banking industry Debate in the market on the extent of sharī'ah compliance of Islamic banks, their products, and activities has piqued stakeholders' interest. In Foundations of Sharī'ah Governance of Islamic Banks, Karim Ginena and Azhar Hamid explore the depths of sharī'ah governance to unravel its mysterious dimensions, and equip academics and practitioners with a solid understanding of the subject, which has become a serious challenge and thus deserves dedicated attention. The authors make a strong case for the need to contain the sharī'ah risk that Islamic banks experience, and present a compelling argument for how this should be done. Ginena and Hamid propose a robust sharī'ah governance model that comprehensively tackles thisrisk, and helps improve the extent of sharī'ah compliance of market players. The authors detail the internal, external, and institutional arrangements needed to promote responsible sharī'ah governance, and critically analyze current laws, regulations, and industry practices on the topic. The chapters of the book do the following: Examine the roots, characteristics and objectives of sharī'ah and its relation to financial dealings; Probe the role of regulators in sharī'ah governance, explore the different approaches adopted by banking supervisors, and provide examples of relevant legal and regulatory measures; Explain to bank directors and management the fiduciary duty they assume with respect to sharī'ah compliance, and detail how they could discharge this responsibility in line with best practices; Elaborate on the purpose of the Sharī'ah Supervisory Board (SSB), its responsibilities, competence criteria, internal regulations, and key governance guidelines; additionally, they explore different SSB models; Describe the internal sharī'ah control system including its six components, and examine the internal sharī'ah audit function as well as different stages of conducting a sharī'ah audit; Clarify the role of a sharī'ah auditor, with guidance on reporting lines, scope of duties, authority, and practical ways on fulfilling tasks, such as a sample sharī'ah risk assessment grid and audit checklists; Discuss the newly emerging external sharī'ah advisory firms that are expected to play a key role in the coming years and the services they provide. Through an effective treatment of each of these elements, and the way that they interact with one another, the book offers a fresh take on how robust sharī'ah governance of Islamic banks can be successfully accomplished. It is a comprehensive resource for academics, regulators, directors, lawyers, auditors, consultants, employees, and customers of Islamic banks interested in learning more about these challenges. This essential reading persuasively extends the discourse on the subject and addresses critical sharī'ah issues that have policy implications for decision makers in jurisdictions aiming to attract the fast-growing Islamic finance industry or increase their market share.

Download or read book Islamic Law and Civil Code written by Richard A. Debs and published by Columbia University Press. This book was released on 2010-07-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.

Download or read book THE BASIC CONCEPTS OF SHARIAH written by HASBOLLAH BIN MAT SAAD and published by PENA HIJRAH RESOURCES. This book was released on 2020-05-07 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: By reading this book, the readers should be able: •To understand the basic concepts of Shariah; •To understand the importance of Shariah; and •To analyse and examine the Shariah issues nowadays. Hopefully, the readers will gain benefits from this book and able to understand the Shariah principles clearly.

Download or read book What is the Sharia written by Baudouin Dupret and published by Oxford University Press. This book was released on 2018-05-01 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the West, "sharia" often calls to mind antiquated laws founded upon gender discrimination and barbaric punishments. In the East, for some it means the ideal standards by which Muslims strive to live; for others, it is the greatest obstacle to modernization of their societies. These clashing views sometimes lead to violence. Clarification of the term has therefore become an urgent necessity. Sharia is all of these things and much more. It is the legal system of Islam, a series of guidelines and prohibitions. But it is also a concept invested with a whole range of meanings, from the virtuous attributes of an "'ideal"' society, to the confinement of particular elements to otherness and adversity. Moving through history, society and Islamic thought to explore the sources of sharia law, Baudouin Dupret gets to the heart of its uses and abuses in the twentieth and twenty-first centuries. This short, accessible book provides an invaluable guide for those seeking to understand a matter more complex and pressing today than ever before.

Download or read book Shar ah written by Abdur Rahman I. Doi and published by . This book was released on 2008 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: A must for every Muslim household, this best seller is a comprehensive guide to all aspects of Islamic Law including family relations, marriage and divorce, crime and punishment, inheritance and disposal of property, economics and much more.

Download or read book Research in Corporate and Shari ah Governance in the Muslim World written by Toseef Azid and published by Emerald Group Publishing. This book was released on 2019-05-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research in Corporate and Shari'ah Governance in the Muslim World: Theory and Practice aims to address a critical disciplinary gap between Islamic theory and the practice of the corporate sector in the Muslim World. Adopting a critical approach, the book sheds light on the impact of corporate governance on the economies of the Muslim world.

Download or read book A Critique of Creative Shari ah Compliance in the Islamic Finance Industry written by Ahmad A Alkhamees and published by Martinus Nijhoff Publishers. This book was released on 2017-09-18 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ahmad Alkhamees defines Creative Shari‘ah compliance as compliance with the letter but not the objectives of Shari‘ah. In recent years, Islamic finance industry practises have come under scrutiny, with strong critiques levelled against many institutions that claim to provide Shari‘ah-compliant products and services, which in fact undermine the spirit and the objectives of Shari‘ah. This book significantly contributes to the sphere of Islamic finance in three main ways. First, it critically appraises justifications of creative Shari‘ah compliance practises. Second, it examines how Shari‘ah supervisory board (SSB) governance practises, and the inconsistent fatwas issued by SSBs, contribute to the issue of creative Shari‘ah compliance. Most importantly, it suggests regulatory mechanisms which regulators can employ in Islamic countries such as Saudi Arabia and in secular countries such as the United Kingdom to deal with the issue of creative Shari‘ah compliance.

Download or read book Shariah Law written by Mohammad Hashim Kamali and published by Simon and Schuster. This book was released on 2017-07-06 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shariah law is a subject that is misunderstood and misrepresented by many in the West. More than simply a system of law, it is concerned with a set of values and rules that are essential to the understanding and practice of Islam. In this volume, Mohammad Hashim Kamali, a world-renowned expert on Shariah, adopts a question-and-answer format to provide a clear introduction to its most salient aspects. Extending from the sources of Shariah in the Qur’an, hadith and the legal maxims of Islamic law to the discussion of issues such as freedom of religion, gender equality and human rights, Shariah Law: Questions and Answers connects the theoretical aspects of the law with how it is applied in the world today. At once scholarly and accessible, it is sure to be a vital resource for students, teachers and general readers, addressing as it does a range of contemporary concerns, including jihad, democracy, the environment, genetic engineering, human cloning, euthanasia and abortion.

Download or read book An Introduction to Islamic Finance written by Muḥammad Taqī ʻUs̲mānī and published by Arham Shamsi. This book was released on 1998 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Shari a Inshallah written by Mark Fathi Massoud and published by Cambridge University Press. This book was released on 2021-05-27 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.