Download or read book Copyright in Islamic Law written by Mohamed Ali Ahdash and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copyright in Islamic Law is the first work in English to systematically discuss the ideas of intellectual property and copyright from an Islamic perspective. The author, Dr Mohamed Ali Ahdash, builds a framework from within Shari'a law to address the concepts of intellectual property and copyright. In so doing, he adopts the classical usul al-fiqh approach by firstly defining the key terms associated with the field, namely: right (haqq), ownership (milkiyya), wealth (mal) and utility (manfa'a). Dr Ahdash then analyses how these terms are used in the Qur'an and in the Hadith, before looking at how the secondary sources of analogy (qiyas), public interest (maslaha), custom ('urf) and legal maxims (qawa'id fiqhiyya) can be applied to copyright. The result of this study is a framework wherein the concept of copyright is defined and understood in an Islamic manner. This gives a consistent approach from which specific rulings can be derived. Copyright in Islamic Law is both a ground-breaking study in Shari'a law and a valuable contribution to the ongoing debates on copyright in general.
Download or read book COPYRIGHT IN ISLAMIC LAW written by Mohamed Ali Ahdash and published by . This book was released on 1999 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Islamic State as a Legal Order written by Federico Lorenzo Ramaioli and published by Routledge. This book was released on 2022-04-04 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.
Download or read book Islamic Copyright Law Handbook Volume 1 Copyright Law In Selected Countries written by IBP USA and published by Lulu.com. This book was released on with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Islamic Vision of Intellectual Property written by Ezieddin Elmahjub and published by Cambridge University Press. This book was released on 2019-02-21 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over a century, intellectual property (IP) regimes have been justified using Western philosophical theories rooted in the idea that IP must reward talent and maximize global stocks of knowledge and cultural products. Reframing IP in a context of legal pluralism, Ezieddin Elmahjub brings an Islamic and comparative narrative to the appropriate design and scope of IP rights, and in doing so criticizes the dominance of Western influence on a global regime that impacts the ability of people to access medicine, to read, to imagine, and to reshape popular culture. The Islamic vision of IP, which is based on a broad theory of social justice, maintains that IP cannot simply be seen as a reward for effort or tool to maximize economic efficiency but as one legal right within a complicated distributive scheme affecting fundamental human rights, equal opportunities, and human capabilities.
Download or read book Islamic Law in Africa written by J N D Anderson and published by Routledge. This book was released on 2013-10-15 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many parts of Africa three different systems of laws are concurrently applied – the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.
Download or read book Islamic Law and Jurisprudence written by Nicholas Heer and published by . This book was released on 1990-01-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western scholars consider aspects of Islamic legal concepts and practices. The 11 articles are presented in sections on Islamic jurisprudence, the influence of Islamic law on European legal systems, and Islamic law in contemporary Muslim states. Requires no background in either law or Islamic studie
Download or read book Foundations and Conditions of Copyright in Islamic Law written by Mohamed Ali Ahdash and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Beginnings of Islamic Law written by Lena Salaymeh and published by Cambridge University Press. This book was released on 2016-11-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
Download or read book The Origins of Islamic Law written by Yasin Dutton and published by Routledge. This book was released on 2013-09-05 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: If the Qur'an is the first written formulation of Islam in general, Malik's Muwatta' is arguably the first written formulation of the Islam-in-practice that becomes Islamic law. This book considers the methods used by Malik in the Muwatta' to derive the judgements of the law from the Qur'an and is thus concerned on one level with the finer details of Qur'anic interpretation. However, since any discussion of the Qur'an in this context must also include considerations of the other main source of Islamic law, namely the sunna, or normative practice, of the Prophet, this latter concept, especially its relationship to the terms of hadith and amal (traditions and living tradition), also receives considerable attention, and in many respects, this book is more about the history and development of Islamic law than it is about the science of Qur'anic interpretation. This is the first book to question the hitherto accepted frameworks of both the classical Muslim view and the current revisionist western view on the development of Islamic law. It is also the first study in a European language to deal specifically with the early development of the Madinan, later Malik, school of jurisprudence, as it is also the first to demonstrate in detail the various methods used, both linguistic and otherwise, in interpreting the legal verses of the Qur'an. It will be of interest to all those interested in the underlying bases of Islamic law and culture, and of particular interest to those involved in studying and teaching Islamic studies, both at undergraduate and research level. It will also be of interest to those studying the relationship between orality and literacy in ancient societies and the writing down of ancient law.
Download or read book Issues in Islamic Law written by MashoodA. Baderin and published by Routledge. This book was released on 2017-07-05 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic substantive law, otherwise called branches of the law (furu al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process ofcultivation (istithmar), whereby the qualified jurist (mujtahid), as thecultivator uses relevant rules of legal theory to harvest the substantive law on specific issues in form offruits (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.
Download or read book Islamic Law and the Legal System of Saud written by Frank E. Vogel and published by BRILL. This book was released on 2000 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an examination of the legal system of Saudi Arabia, not only for its own sake but also as a case study for insight into past and present Islamic legal systems.
Download or read book Islamic Legal Theory written by Mashood A. Baderin and published by Routledge. This book was released on 2017-03-02 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic legal theory (usūl al-fiqh) is literally regarded as ’the roots of the law’ whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both Sunnī and Shī’ī perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject.
Download or read book Islamic Law in the Indian Ocean World written by Mahmood Kooria and published by Routledge. This book was released on 2021-09-23 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ways in which Muslim communities across the Indian Ocean world produced and shaped Islamic law and its texts, ideas and practices in their local, regional, imperial, national and transregional contexts. With a focus on the production and transmission of Islamic law in the Indian Ocean, the chapters in this book draw from and add to recent discourses on the legal histories and anthropologies of the Indian Ocean rim as well as to the conversations on global Islamic circulations. By doing so, this book argues for the importance of Islamic legal thoughts and practices of the so-called "peripheries" to the core and kernel of Islamic traditions and the urgency of addressing their long-existing role in the making of the historical and human experience of the religion. Islamic law was and is not merely brought to, but also produced in the Indian Ocean world through constant and critical engagements. The book takes a long-term and transregional perspective for a better understanding of the ways in which the oceanic Muslims have historically developed their religious, juridical and intellectual traditions and continue to shape their lives within the frameworks of their religion. Transregional and transdisciplinary in its approach, this book will be of interest to scholars of Islamic Studies, Indian Ocean Studies, Legal History and Legal Anthropology, Area Studies of South and Southeast Asia and East Africa.
Download or read book Legal Documents as Sources for the History of Muslim Societies written by and published by BRILL. This book was released on 2017-06-06 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents. Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.
Download or read book Islamic Law in Practice written by Mashood A. Baderin and published by Routledge. This book was released on 2017-03-02 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.
Download or read book Recasting Islamic Law written by Rachel M. Scott and published by Cornell University Press. This book was released on 2021-03-15 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.
