Download or read book Islamic Natural Law Theories written by Anver M. Emon and published by Oxford University Press. This book was released on 2010-04-08 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.
Download or read book Natural Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2014-05-16 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an examination of natural law doctrine, rooted in the classical writings of our respective three traditions: Jewish, Christian, and Islamic. Each of the authors provides an extensive essay reflecting on natural law doctrine in his tradition. Each of the authors also provides a thoughtful response to the essays of the other two authors. Readers will gain a sense for how natural law (or cognate terms) resonated with classical thinkers such as Maimonides, Origen, Augustine, al-Ghazali and numerous others. Readers will also be instructed in how the authors think that these sources can be mined for constructive reflection on natural law today. A key theme in each essay is how the particularity of the respective religious tradition is squared with the evident universality of natural law claims. The authors also explore how natural law doctrine functions in particular traditions for reflection upon the religious other.
Download or read book Reason Revelation and Law in Islamic and Western Theory and History written by R. Charles Weller and published by Springer Nature. This book was released on 2021-02-24 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages the diverse meanings and interpretations of Islamic and Western law which have affected people and societies across the globe, past and present, in correlation to the epistemological groundings of those meanings and interpretations. The volume takes a distinctively comparative approach, advancing dialogue on crucial transnational and global debates over the history of Western and Islamic approaches to law, politics and society and their relevance for today. It discusses how fundamental concepts are understood and even translated from one historical or political context or one semantic domain to another. The book provides focused studies of key figures and theories in a manageable, accessible format useful for specialized academic courses and research as well as general audiences.
Download or read book Custom in Islamic Law and Legal Theory written by Ayman Shabana and published by Springer. This book was released on 2010-11-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
Download or read book The Foundation of Norms in Islamic Jurisprudence and Theology written by Omar Farahat and published by Cambridge University Press. This book was released on 2019-01-31 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new way of understanding classical Islamic theories, holding that divine revelation is necessary for the knowledge of norms and its reading of the issue of reason breaks new ground in Islamic theology, law and ethics. It will appeal to students and scholars of Islamic studies, Islamic ethics, law and post-colonial theory.
Download or read book Islamic Law written by Mashood A. Baderin and published by Oxford University Press, USA. This book was released on 2021 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Download or read book The Cambridge Companion to Natural Law Ethics written by Tom Angier and published by Cambridge University Press. This book was released on 2019-11-07 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.
Download or read book Natural Law and Natural Rights in Islamic Law written by Anver Munaver Emon and published by . This book was released on 2005 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Islamic Law and International Human Rights Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-10-11 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.
Download or read book Theories of Islamic Law written by Imran Ahsan Khan Nyazee and published by International Institute of Rch Institute. This book was released on 1994 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Islam and Natural Law written by Abū al-Faz̤l ʻIzzatī and published by Saqi Books. This book was released on 2002 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aristotle, Kant, Marx, and Tabari are only a few of the many world thinkers whom Abul-Fazl Ezzati explores in his sweeping history and analysis of natural law. While this work distinguishes itself from other similar works by its detailed treatment of natural law in Islamic thought, it engages with both Islamic and Western discourse, with topics such as human rights, the inherent human nature, and rationality. The result is an insightful, all-encompassing treatment of human rights and the human beings physical, rational, emotional, and spiritual needs.
Download or read book Sources of Islamic Law written by John Burton and published by Edinburgh University Press. This book was released on 2019-06-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic law never achieved unity but developed into five surviving schools, which, when first established, were in competition with one another. This scholarly book is the first to examine critically the differing Islamic theories of abrogation (or Naskh) upon which each school based its claim to be the correct interpretation.
Download or read book Early Islamic Legal Theory written by Joseph Lowry and published by BRILL. This book was released on 2007-12-31 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Risāla of al-Shāfiʿī (d. 204/820), the earliest preserved work of Islamic legal theory, has been understood in previous scholarship as either the elaboration of a hierarchy of sources of law (Qurʾān, Sunna, consensus, and analogical reasoning) or an extended defense of the Sunna. Through a careful rereading of this celebrated text, this book offers a comprehensive reinterpretation of the Risāla, in which Shāfiʿī formulated an all-encompassing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna. Topics covered include Shāfiʿī’s creative account of the law’s architectonics, hermeneutical techniques, legal epistemology, relationship to kalām, and the role of consensus (ijmāʿ).
Download or read book Religious Pluralism and Islamic Law written by Anver M. Emon and published by Oxford University Press. This book was released on 2012-07-26 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the rules governing the treatment of foreigners in Islam and situating them in their historical, political, and legal context, this book sets out a new framework for understanding these rules as part of a wider problem of governing through law amidst pluralism.
Download or read book Interpreting Averroes written by Peter Adamson and published by Cambridge University Press. This book was released on 2019 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engages with all aspects of Averroes' philosophy, from his thinking on Aristotle to his influence on Islamic law.
Download or read book Religious Pluralism and Islamic Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-07-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.
Download or read book Principles of Islamic International Criminal Law written by Farhad Malekian and published by BRILL. This book was released on 2011-06-22 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.
