Download or read book The Spirit of Islamic Law written by Bernard G. Weiss and published by University of Georgia Press. This book was released on 2006 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.
Download or read book The Politics of Islamic Law written by Iza R. Hussin and published by University of Chicago Press. This book was released on 2016-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Download or read book Everyday Islamic Law and the Making of Modern South Asia written by Elizabeth Lhost and published by UNC Press Books. This book was released on 2022-05-10 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.
Download or read book Family Law in Islam written by Maaike Voorhoeve and published by I.B. Tauris. This book was released on 2016-03-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In both the West and throughout the Muslim world, Islamic family law is a highly and hotly debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul') to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics and Society in the Middle East and North Africa."
Download or read book Shari a written by Abbas Amanat and published by Stanford University Press. This book was released on 2007-09-17 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.
Download or read book History of Islamic Law written by Noel Coulson and published by Edinburgh University Press. This book was released on 2014-03-11 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Download or read book Islamic Family Law written by Raffia Arshad and published by . This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical manual in how to meet the needs of Muslim clients, the book explains basic concepts of Islamic Family Law and how the English legal system can be used to satisfy the diverse needs of Muslim clients
Download or read book Islam and the Rule of Justice written by Lawrence Rosen and published by University of Chicago Press. This book was released on 2018-03-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Download or read book Women in Muslim Family Law written by John L. Esposito and published by Syracuse University Press. This book was released on 1982 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expands and updates family law as it pertains to women with regard to marriage, divorce and inheritance throughout the Middle East.This second revised edition of John L. Esposito's landmark work expands and updates coverage of family law reforms -- marriage, divorce, and inheritance -- throughout the Middle East, North Africa, South and Southeast Asia. Copyright © Libri GmbH. All rights reserved.
Download or read book Islamic International Law written by Khaled Ramadan Bashir and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.
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 examines the use of legal documents for the history of Muslim societies, presenting case studies from different periods and areas of the Muslim world from medieval Iran and Egypt to contemporary Yemen and Morocco, and involving multiple disciplinary approaches.
Download or read book Modern Perspectives on Islamic Law written by E. Ann Black and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
Download or read book Textbook on Muslim Law written by Rakesh Kumar Singh and published by Universal Law Publishing. This book was released on with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Heaven on Earth written by Sadakat Kadri and published by Farrar, Straus and Giroux. This book was released on 2012-04-10 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Heaven on Earth is a vivid, revealing, and essential narrative history of shari'a law--the widely contested and misunderstood code of Islamic justice--and how the application of its concepts has changed over time and, with it, the face of Islam. Some fourteen hundred years after the Prophet Muhammad first articulated God's law--the shari'a--its earthly interpreters are still arguing about what it means. Hard-liners reduce it to amputations, veiling, holy war, and stonings. Others say that it is humanity's only guarantee of a just society. And as colossal acts of terrorism made the word "shari'a" more controversial than ever in the early twentieth century, the legal historian and human rights lawyer Sadakat Kadri realized that many people in the West harbored ideas about Islamic law that were hazy or simply wrong. Heaven on Earth describes his journey, through ancient texts and across modern borders, in search of the facts behind the myths. Kadri brings lucid analysis and enlivening wit to the turbulent story of Islam's foundation and expansion, showing how the Prophet Muhammad's teachings evolved gradually into concepts of justice. Traveling the Muslim world to see the shari'a's principles in action, he encounters a cacophony of legal claims. At the ancient Indian grave of his Sufi ancestor, unruly jinns are exorcised in the name of the shari'a. In Pakistan's madrasas, stern scholars ridicule his talk of human rights and demand explanations for NATO drone attacks in Afghanistan. In Iran, he hears that God is forgiving enough to subsidize sex-change operations--but requires the execution of Muslims who change religion. Yet the stories of compulsion and violence are only part of a picture that also emphasizes compassion and equity. Many of Islam's first judges refused even to rule on cases for fear that a mistake would damn them, and scholars from Delhi to Cairo maintain that governments have no business enforcing faith. The shari'a continues to shape explosive political events and the daily lives of more than a billion Muslims. Heaven on Earth is a brilliantly iconoclastic tour through one of humanity's great collective intellectual achievements--and an essential guide to one of the most disputed but least understood controversies of modern times.
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 Understanding Islamic Law written by Raj Bhala and published by Carolina Academic Press LLC. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This critically-acclaimed treatise provides both newcomers and experts with clear, accessible, and comprehensive materials and critical comparative analyses for the study of Islamic Law. It embraces the entire history, religion, and law of Islam, both Sunni and Shī'a, and covers all pertinent fields: banking and finance, constitutional law, contracts, criminal law, family law, inheritance, international law, and property. The book includes a user-friendly glossary of Arabic terms, in English, with diacritical marks to assist in pronunciation. Balanced, logically organized, and well-written, the text can be used without supplementation in a one-semester Islamic Law course, and it has been used in law schools and graduate programs around the world and in programs for United States Special Operations Forces. Every chapter is thoroughly updated to incorporate recent developments and scholarship, with new chapters on the Constitution of Iran, the Taliban, and the Afghanistan War.
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.
