Download or read book Pragmatism in Islamic Law written by Ahmed Fekry Ibrahim and published by Syracuse University Press. This book was released on 2015-04-27 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative period of Islamic law, jurists have debated whether it is acceptable for a law to be selected based on its utility, rather than weighing conflicting articulations of the law to determine the most likely expression of the divine will. Virtually unanimous opposition to the utilitarian approach, referred to as “pragmatic eclecticism,” emerged among early Islamic jurists. However, due to a host of changing institutional and socioeconomic transformations, a trend toward the legitimization of pragmatic eclecticism arose in the thirteenth century. Subsequently, the Mamluk authorities institutionalized this pragmatism when Sultan Baybars appointed four chief judges representing the four Sunni schools in Cairo in 1265 CE. After a brief attempt to reverse Mamluk pluralism by imposing the Hanafi school in the sixteenth century, Egypt’s new rulers, the Ottomans, embraced this pluralistic pragmatism. In examining over a thousand cases from three seventeenth- and eighteenthcentury Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism under the Ottomans. An array of archival sources documents the manner in which Egyptian society’s subaltern classes navigated Sunni legal pluralism as a tool to avoid more austere legal doctrines. The ensuing portrait challenges the assumption made by many modern historians that the utilitarian approaches adopted by nineteenth- and twentieth-century Muslim reformers constituted a clear rupture with early Islamic legal history. In contrast, many of the legal strategies exercised in Egypt’s partial codification of family law in the twentieth century were rooted in premodern Islamic jurisprudence.
Download or read book Child Custody in Islamic Law written by Ahmed Fekry Ibrahim and published by Cambridge University Press. This book was released on 2018-08-09 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.
Download or read book Can Islam Be French written by John R. Bowen and published by Princeton University Press. This book was released on 2011-11-06 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bowen asks not the usual question--how well are Muslims integrating in France?--but, rather, how do French Muslims think about Islam? In particular, Bowen examines how French Muslims are fashioning new Islamic institutions and developing new ways of reasoning and teaching. He looks at some of the quite distinct ways in which mosques have connected with broader social and political forces, how Islamic educational entrepreneurs have fashioned niches for new forms of schooling, and how major Islamic public actors have set out a specifically French approach to religious norms. --from publisher description.
Download or read book Law Pragmatism and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
Download or read book Muhammad Iqbal written by Chad Hillier and published by Edinburgh University Press. This book was released on 2015-07-10 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are few moments in human history where the forces of religion, culture and politics converge to produce some of the most significant philosophical ideas in the world. India in the early 20th century was one of these moments, where we saw the rise of activist-thinkers like Nehru, Jinnah and Gandhi; individuals who not only liberated human lives but their minds as well. One of most influential members of the group was the poet-philosopher Muhammad Iqbal. Commonly known as the "e;spiritual father of Pakistan"e;, the philosophical and political ideas of Iqbal not only shaped the face of Indian Muslim nationalism but also shaped the direction of modernist reformist Islam around the world. Bringing together a diverse number of prominent and emerging scholars, from backgrounds in political science, philosophy and religious studies, this book offers novel examinations of the philosophical ideas that laid at the heart of Iqbal's own As such, by producing new developments in research on Iqbal's thought from a diversity of prominent and emerging voices within American and European Islamic studies, this text will offer new and novel examinations of the ideas that lies at the heart of Iqbal's own thought: religion, science, metaphysics, nationalism and religious identity. In our text, the reader will (re)discover many new connections between the "e;Sage of the Ummah"e; to the greatest thinkers and ideas of European and Islamic philosophies.
Download or read book Islamic Ethics of Life written by Jonathan E. Brockopp and published by Univ of South Carolina Press. This book was released on 2003 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pioneering work on controversial issues within the Muslim world Islamic Ethics of Life considers three of the most contentious ethical issues of our time--abortion, war, and euthanasia--from the Muslim perspective. Distinguished scholars of Islamic studies have collaborated to produce a volume that both integrates Muslim thinking into the field of applied ethics and introduces readers to an aspect of the religion long overlooked in the West. This collective effort sets forth the relationship between Islamic ethics and law, clearly revealing the complexity and richness of the Islamic tradition as well as its responsiveness to these controversial modern issues. The contributors analyze classical sources and survey the modern ethical landscape to identify guiding principles within Islamic ethical thought. Clarifying the importance of pragmatism in Islamic decision making, the contributors also offer case studies related to specialized topics, including "wrongful birth" claims, terrorist attacks, and brain death. The case studies elicit possible variations on common Muslim perspectives. The contributors situate Muslim ethics relative to Christian and secular accounts of the value of human life, exposing surprising similarities and differences. In an introductory overview of the volume, Jonathan E. Brockopp underscores the steady focus on God as the one who determines the value of human life, and hence as the final arbiter of Islamic ethics. A foreword by Gene Outka places the volume in the context of general ethical studies, and an afterword by A. Kevin Reinhart suggests some significant ramifications for comparative religious ethics.
Download or read book Formalism and Pragmatism in American Law written by Thomas C. Grey and published by BRILL. This book was released on 2014-09-03 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Formalism and Pragmatism in American Law Thomas Grey gives a full account of each of these modes of legal thought, with particular attention to the versions of them promulgated by their influential exponents Christopher Columbus Langdell and Oliver Wendell Holmes, Jr. Grey argues that legal pragmatism as understood by Holmes is the best jurisprudential framework for a modern legal system. He enriches his theoretical account with treatments of central issues in three important areas of law in the United States: constitutional interpretation, property, and torts.
Download or read book Islamic Law and Governance in Contemporary Iran written by Mehran Tamadonfar and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines Islamization of the law in the Islamic Republic of Iran and surveys the evolution of institutions, processes, and policies of the regime.
Download or read book Pragmatism as Anti Authoritarianism written by Richard Rorty and published by Harvard University Press. This book was released on 2021-08-17 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last book by the eminent American philosopher and public intellectual Richard Rorty, providing the definitive statement of his mature philosophical and political views. Richard RortyÕs Pragmatism as Anti-Authoritarianism is a last statement by one of AmericaÕs foremost philosophers. Here Rorty offers his culminating thoughts on the influential version of pragmatism he began to articulate decades ago in his groundbreaking Philosophy and the Mirror of Nature. Marking a new stage in the evolution of his thought, RortyÕs final masterwork identifies anti-authoritarianism as the principal impulse and virtue of pragmatism. Anti-authoritarianism, on this view, means acknowledging that our cultural inheritance is always open to revision because no authority exists to ascertain the truth, once and for all. If we cannot rely on the unshakable certainties of God or nature, then all we have left to go onÑand argue withÑare the opinions and ideas of our fellow humans. The test of these ideas, Rorty suggests, is relatively simple: Do they work? Do they produce the peace, freedom, and happiness we desire? To achieve this enlightened pragmatism is not easy, though. Pragmatism demands trust. Pragmatism demands that we think and care about what others think and care about, which further requires that we account for othersÕ doubts of and objections to our own beliefs. After all, our own beliefs are as contestable as anyone elseÕs. A supple mind who draws on theorists from John Stuart Mill to Annette Baier, Rorty nonetheless is always an apostle of the concrete. No book offers a more accessible account of RortyÕs utopia of pragmatism, just as no philosopher has more eloquently challenged the hidebound traditions arrayed against the goals of social justice.
Download or read book Routledge Handbook of Islamic Law written by Khaled Abou El Fadl and published by Routledge. This book was released on 2019-05-10 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.
Download or read book A Comparative Study of Islamic Finance in Australia and the UK written by Imran Lum and published by Routledge. This book was released on 2021-09-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides valuable insights into the practical challenges faced by the nascent Islamic finance industry and compares the Australian experience to developments in the UK. It contributes to a greater understanding of how Muslims living as a minority in Australia and the UK negotiate Islamic doctrine in secular societies by focusing on one aspect of this negotiation, namely the prohibition of ribā. There is little debate in the Islamic tradition on the prohibition of ribā. The differences, however, lie in the interpretation of ribā and the question of how Muslims live in a society that is heavily reliant on interest and conventional banking, yet at the same time adhere to Islamic guidelines. Through the words of religious leaders, Muslim professionals and university students, Imran Lum provides real accounts of how Muslims in Australia and the UK practically deal with conventional banking and finance products such as home loans, savings accounts and credit cards. He also explores Muslim attitudes towards Islamic finance and queries whether religion is the sole determining factor when it comes to its uptake. Drawing on his own unique experience as a practitioner responsible for growing an Islamic business in a conventional bank, Lum provides a firsthand account of the complexities associated with structuring Islamic finance products that are not only sharia compliant but also competitive in a non-Muslim jurisdiction. Using ṣukūk bonds as a case study, he highlights the tangible and non-tangible barriers to product development, such as tax and regulatory requirements and the rise of Islamophobia. Combining academic and industry experience, Lum unpacks the relationship of Islamic finance with Muslim identity construction in the West and how certain modalities of religiosity can lead to an uptake of Islamic finance, while others can lead to its rejection.
Download or read book Islamic Law and Empire in Ottoman Cairo written by James E. Baldwin and published by Edinburgh University Press. This book was released on 2016-12-05 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents
Download or read book The Routledge Handbook of Muslim Jewish Relations written by Josef Meri and published by Routledge. This book was released on 2016-06-23 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Muslim-Jewish Relations invites readers to deepen their understanding of the historical, social, cultural, and political themes that impact modern-day perceptions of interfaith dialogue. The volume is designed to illuminate positive encounters between Muslims and Jews, as well as points of conflict, within a historical framework. Among other goals, the volume seeks to correct common misperceptions about the history of Muslim-Jewish relations by complicating familiar political narratives to include dynamics such as the cross-influence of literary and intellectual traditions. Reflecting unique and original collaborations between internationally-renowned contributors, the book is intended to spark further collaborative and constructive conversation and scholarship in the academy and beyond.
Download or read book The Oxford Handbook of Islamic Law written by Anver M. Emon and published by Oxford University Press. This book was released on 2018-10-25 with total page 1027 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.
Download or read book Child Custody in Islamic Law written by Ahmed Fekry Ibrahim and published by Cambridge University Press. This book was released on 2018-08-09 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or 'custody', and caring for the child's education, discipline, and property, known as 'guardianship'. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother's marital status, and the custodian's lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.
Download or read book A Cosmopolitan Jurisprudence written by Helge Dedek and published by Cambridge University Press. This book was released on 2021-12-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Download or read book Islamic Perspectives on the New Millennium written by Virginia Hooker and published by Institute of Southeast Asian Studies. This book was released on 2004 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings to the attention of non-Muslims the range of views, which Muslims in the Middle East and in South and Southeast Asia hold on 6 topics of importance to life in the 21st century. Topics addressed are: the new world order; globalisation andmodernity; banking and finance; the nation-state; the position of women; and law and knowledge.
