Download or read book Doubt in Islamic Law written by Intisar A. Rabb and published by . This book was released on 2015 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam's unique concept of doubt, which evolved from the seventh to the sixteenth century.
Download or read book Doubt in Islamic Law written by Intisar A. Rabb and published by Cambridge University Press. This book was released on 2015 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Download or read book Legal Maxims in Islamic Criminal Law Theory and Applications written by Luqman Zakariyah and published by BRILL. This book was released on 2015-10-22 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally.
Download or read book Inevitable Doubt written by Robert Gleave and published by BRILL. This book was released on 2021-12-28 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, two classical texts of legal theory (usūl al-fiqh) are analysed. The authors of these works belonged to two schools of Shī‘ī jurisprudence: Yūsuf al-Baḥrānī (d. 1186/1772) was a key figure in the Akhbārī school, and his adversary, Muḥammad Bāqir al-Bihbahāanī (d. 1206/1791-2) was credited with the revival of the Usūli school and the defeat of Akhbarism after Baḥrānī's death. Through a comparison of the two writers' theories, this work describes the major areas of dispute between the two schools, examining how their different epistemologies lead to different conceptions of the sources and interpretation of the Sharī‘a, God's law for humanity. This work will, then, be of interest to historians of Islamic thought generally, and Shī‘ī thought and Islamic legal theory, in particular.
Download or read book Inevitable Doubt written by Robert Gleave and published by BRILL. This book was released on 2000 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an analysis of the legal theories of two classical Sh Muslim writers: one an Akhb r, the other an Us li. It provides insight, not only into Islamic jurisprudence, but also the Akhb r -Us li conflict in Twelver Sh sm.
Download or read book Sexual Violation in Islamic Law written by Hina Azam and published by Cambridge University Press. This book was released on 2015-06-26 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Centered on legal discourses of Islam's first six centuries, this book analyzes juristic writings on the topic of rape.
Download or read book Rebellion and Violence in Islamic Law written by Khaled Abou El Fadl and published by Cambridge University Press. This book was released on 2001-11-01 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Khaled Abou El Fadl's book represents the first systematic examination of the idea and treatment of political resistance and rebellion in Islamic law. Pre-modern jurists produced an extensive and sophisticated discourse on the legality of rebellion and the treatment due to rebels under Islamic law. The book examines the emergence and development of these discourses from the eighth to the fifteenth centuries and considers juristic responses to the various terror-inducing strategies employed by rebels including assassination, stealth attacks and rape. The study demonstrates how Muslim jurists went about restructuring several competing doctrinal sources in order to construct a highly technical discourse on rebellion. Indeed many of these rulings may have a profound influence on contemporary practices. This is an important and challenging book which sheds light on the complexities of Islamic law and pre-modern attitudes to dissidence and rebellion.
Download or read book Speaking in God s Name written by Khaled Abou El Fadl and published by Simon and Schuster. This book was released on 2014-10-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on both religious and secular sources, this challenging book argues that divinely ordained law is frequently misinterpreted by Muslim authorities at the expense of certain groups, including women. Khaled Abou El Fadl cites a series of injustices in Islamic society and ultimately proposes a return to the original ethics at the heart of the Muslim legal system.
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Download or read book Research Handbook on Islamic Law and Society written by Nadirsyah Hosen and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
Download or read book Islamic Law in Action written by Kristen Stilt and published by OUP Oxford. This book was released on 2012-01-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.
Download or read book Islamic Law and International Law written by Emilia Justyna Powell and published by Oxford University Press, USA. This book was released on 2019 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Download or read book The Ashgate Research Companion to Islamic Law written by Peri Bearman and published by Routledge. This book was released on 2016-03-16 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.
Download or read book The Islamic Law of War written by A. Al-Dawoody and published by Springer. This book was released on 2011-03-28 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. He studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war.
Download or read book Lessons in Islamic Jurisprudence written by Muhammad Baqir As-Sadr and published by Simon and Schuster. This book was released on 2014-10-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an English translation of one of the most famous texts by the influential and charismatic Islamic activist, as-Sadr, who was executed by Saddam Hussein in Iraq in 1980. As-Sadr's books have made him one of the most celebrated Arab Muslim intellectuals of modern times. This text is used throughout the Sunni and Shi'a world by students of Islamic jurisprudence because of its succinctness and intellectual vigour. Mottahedeh's translation is accompanied by a detailed introduction which explains and places in context as-Sadr's views. Representing an attempt to relate a large body of Islamic law to scripture, this translation should be of great interest to students of scripture, hermeneutics and law.
Download or read book Islamic Laws written by Ayatullah S. Seestani and published by . This book was released on 1994 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Coercion and Responsibility in Islam written by Mairaj U. Syed and published by Oxford University Press. This book was released on 2017 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In 'Coercion and Responsibility in Islam', Mairaj Syed explores how classical Muslim theologians and jurists from four intellectual traditions argue about the thorny issues that coercion raises about responsibility for one's action. This is done by assessing four ethical problems: whether the absence of coercion or compulsion is a condition for moral agency; how the law ought to define what is coercive; coercion's effect on the legal validity of speech acts; and its effects on moral and legal responsibility in the cases of rape and murder. Through a comparative and historical examination of these ethical problems, the book demonstrates the usefulness of a new model for analyzing ethical thought produced by intellectuals working within traditions in a competitive pluralistic environment. The book compares classical Muslim thought on coercion with that of modern Western thinkers on these issues and finds significant parallels between them. The finding suggests that a fruitful starting point for comparative ethical inquiry, especially inquiry aimed at the discovery of common ground for ethical action, may be found in an examination of how ethicists from different traditions considered concrete problems."--Publsher's website
