Download or read book Land Law and Islam written by Hilary Lim and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Download or read book Islamic Law and Civil Code written by Richard A. Debs and published by Columbia University Press. This book was released on 2010-07-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
Download or read book Property Laws in Islam written by Sayyid Muhammad Husayni Beheshti and published by Createspace Independent Publishing Platform. This book was released on 2017-01-11 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of ownership prevails under various cultural, socio economic set-ups, be it feudalism, capitalism, socialism and non-secularism (religious), the issue of ownership and its connotation carry much weight. Its propriety, manner (either individual or public), devolution of the means of ownership to individuals or their centralization in the hands of the government is being discussed in the present book. The topic of this book is essentially, ownership. The discussion incorporates the problem of value which comprises divine ownership, its origin and extent, man's ownership, its origin, extent and types (individual ownership and its types, collective ownership and its types) and the effects of ownership as expressed in the right to possession, right to cede and its compulsory transfer. An in-depth attitude is being adopted while treating the sensitive areas of man's ownership and also the effects of such ownership expressed in terms of the right to possession and its exploitation,
Download or read book Islamic Legal Thought written by David Powers and published by BRILL. This book was released on 2013-10-09 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.
Download or read book A History of the Early Islamic Law of Property written by Hiroyuki Yanagihashi and published by BRILL. This book was released on 2021-10-11 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book is devoted to an analysis of positive solutions concerning matters related to civil liability, certain kinds of sale that would evolve into agency and some forms of partnership, and the prohibition of ribā.
Download or read book Acquisition and Transfer of Property in Islamic Law written by Yahaya Yunusa Bambale and published by Codesria. This book was released on 2007 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dedication - Foreword - Preface- Abbreviations; Chapter 1: Concept of ownership [ Classification of ownership; The mode of acquiring ownership of property; The lawful ways of acquiring private ownership; Property and its classifications]; Chapter 2: Work [The best and dignified work; The classification of work; The physical and manual work; The office work (salaried employment);The intellectual work; The qualities of a good worker; Rights and protection of worker; Unemployment]; Chapter 3: Sale [ Types of sale; Conditions of valid sale; Conduct of the parties in a sale transaction; The lawful and unlawful sale transactions]; Chapter 4: Gift [Gift distinguished from other related concepts; Gift distinguished from sadaqah (alms, deed); Gift distinguished from ariya; Conditions for a valid gift; Structure of a gift; Donation subject-matter (Al-mawhub); Revocation of a gift]; Chapter 5: Testate succession [Types of will; Void and voidable will; Object of making a will; Form of will; Revocation of a will; The lapse of a will]; Chapter 6: Intestate succession [ Definition; Pre-Islamic law relating to succession; Constituents of succession (Arkanul - Mirath); Grounds of inheritance; Liabilities of the deceased; Legal heirs; The fractions in succession]; Chapter 7: Legal impediments to acquisition of property; Introduction; Fraud (Gish/Ghabn); Hoarding (Ihtikar); Bribery (Rashwah); Death-sickness gift (Ahwal Mard-ul-Mawt); Theft (Sariqah); Impediments to inheritance (Mawani'al-Irth); Bibliography; Index Dr Yahaya Y. Bambale, former Head, Department of Islamic Law, and Assistant Dean for both undergraduate and postgraduate studies in the Faculty of Law, Ahmadu Bello University, Zaria, Nigeria, is a Reader. His currently on sabbatical leave at the IBB University, Lapai, Niger State of Nigeria where he is the Dean of Students. He is the author of Crimes and Punishment Under Islamic Law.
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 Islamic Commercial Law written by Muhammad Yusuf Saleem and published by John Wiley & Sons. This book was released on 2012-11-09 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise study of the practices in Islamic commercial law Filling a gap in the current literature, Islamic Commercial Law is the only book available that combines the theory and practice of Islamic commercial law in an English-language text. From the experts at the International Islamic University Malaysia, the book examines the source materials in the Qur'an and Hadith, and highlights the views and positions of leading schools of Islamic law, without burying the reader in juristic minutia. It combines theory with practice to address the needs of students while providing a pragmatic treatment of Islamic contracts. It provides diagrams for individual contracts to reveal the type and nature of the contractual relationships between parties and discusses all types of fundamental transactions, including sales, loans, debt transfers, partnerships, and more. Written by experts from the International Islamic University Malaysia, the leading organisation in research in Islamic finance Closes a vital gap in the English-language literature on Islamic commercial law Features end-of-chapter questions to enable self-testing and provoke critical thinking An ideal guide for current students, researchers, and practitioners, Islamic Commercial Law offers a concise yet comprehensive coverage of the subject.
Download or read book Mirath written by Authenticate Ulama's Organization and published by Createspace Independent Publishing Platform. This book was released on 2016-10-20 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a person dies, his ownership of his property ends, and is to be given to his heirs. It is Allah's Ta'ala favour upon us that He has not made the disposal of that wealth as charity necessary, but rather, He in His wisdom knows that the death of any person is a great loss to their relatives and an even greater loss to their dependents who relied upon them for provision. That said, Allah Ta'ala also knew that Man has greed. And it is this greed that causes brother to hate brother and sister, and to usurp the rights of the less persuasive. For this reason, Allah has fixed, very clearly in the Qur'an, the allotted shares of the relatives of the deceased. This has been further mapped out in the Ahadith by the Prophet of Allah Ta'ala so as to leave no scope of doubt or leeway for argument in who gets what. Everyone will get their share: No more, no less. This prevents the greedy from getting more than their share and it stops the undefended from receiving less than their allotment. In Islam the concept of the wealth only going to the first born son is seen as oppressive. Islam has also distinguished the different levels of dependency of the closer relatives and has stipulated amounts varying in quantity in different circumstances. The factors that lessen one relative's share is the presence of another relative, who also has a considerable relationship with the deceased. There are times when an allotment may seem unfair, these will also be explained. For example, of two inheriting brothers, one may be financially well off whereas the other is poor. This will not mean that the poorer brother will get everything or more than the richer brother. This is because inheritance is not charity and is given on account of the strength of the relationship not on account of who is more needy. Both brothers in this aspect are equal, and will thus receive an equal share. This book only deals with the financial side of the events around death. For an in-depth look at the rites of passage of the burial please refer to our publication, "What to do when a Muslim Dies".
Download or read book The Islamic Law on Land Tax and Rent written by Baber Johansen and published by Routledge. This book was released on 2016-11-10 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 1988, argues that a close inspection of the development of Hanafite law in the Mamluk and Ottoman periods reveals changes in legal doctrine which were not restricted to civil transactions but also concerned the public law. It focuses in particular on the interrelated areas of property, rent and taxation of arable lands, arguing that changes in the relationship between tax and rent led to a redefinition of the concept of landed property, a concept at the very heart of the Islamic legal system. This title will be of particular interest to students of Islamic history.
Download or read book Islamic Property Law written by John Makdisi and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is only available as an ebook. Islamic Property Law is the first casebook of its kind to offer Islamic law training to American law students in the comparative case-method style of learning. The several areas of law covered under the umbrella of Property are developed through translations of classical Islamic law texts in conjunction with English and American cases on the same subjects. The materials are sufficiently detailed to provide the type of sophisticated analysis with which law professors and students are familiar. Although the focus is on Islamic property law, the course also covers areas such as torts, contracts, criminal law, wills and trusts, constitutional law, and jurisprudence, insofar as these areas touch on property. In this way the book also satisfies the tradition of comparative law casebooks that are comprehensive in coverage. Readers should gain a sound understanding of property law in classical Islam and an enhanced understanding of property law in the United States.
Download or read book The Isl mic Law of Succession written by Dr. A. Hussain and published by Darussalam. This book was released on 2005 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Women and Property Rights in Indonesian Islamic Legal Contexts written by John Bowen and published by BRILL. This book was released on 2018-11-01 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare at critical moments of marriage, divorce, and death.
Download or read book Estate Planning for the Muslim Client written by Yaser Ali and published by . This book was released on 2019 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Meeting the muslim client -- Ethical, legal, and public policy issues -- Estate planning during life -- Planning for incapacity and death; powers of attorney, advance healthcare directives and funeral arrangements -- Disposition of property at death -- New drafting testamentary documents -- Planning for individuals and assets abroad
Download or read book Origin and Development of Islamic Law written by Majid Khadduri and published by The Lawbook Exchange, Ltd.. This book was released on 2008 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will.
Download or read book Land Law in Middle Eastern Countries written by Oleg Igorevich Krassov and published by XSPO . This book was released on with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monograph focuses on the basic features of the legal systems of the Middle Eastern countries, land law in force in these countries, Islamic land and water law, Bedouin tribal land ownership, customary water rights. The monograph contains a description of the regime of property and land in Jewish law. The author analyzes the current state of land law in the Middle Eastern countries, including title to land, title to other natural resources, types of rights to land, correlation of formal law and conventional land tenure systems. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in issues of land, civil law and comparative jurisprudence.
Download or read book Islamic Private Law written by Ahmed Akgunduz and published by IUR Press. This book was released on with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no explicit separation in Islâmic law between public and private law, but a special system has been used throughout history. Some scholars use the term Muslim personal law, which derived from the term al-aḥwâl al-shaḫṣiyyah in Fiqh books. But we prefer Islâmic private law; because Muslim personal law indicates different legal meaning – rules governing natural and legal persons. In this book, we will elaborate on Islâmic rules relating to seven branches of private law: personal law, family law, inheritance law, obligations and contracts’ law, property law, commercial law, and international private law. We will explain or summarize Islâmic rules in this book, rather than my (the author’s) personal views. Unfortunately, there is a misunderstanding in Western countries: if any Muslim scholar writes an article or book or grants an interview to a journalist to explain Islâmic rules on any issue, most Westerners, and especially people ignorant of Islâmic Law attribute these views to this scholar and holds him or her accountable. For example, a Dutch journalist came to see me and asked about the issue of beating women in the Qur’an, I explained the verse in the Qur’an and some interpretations by the Prophet Muhammed and Muslim jurists. The journalist did not understand what I explained, and many people have accused me of advising Muslims to beat their women. This is absolutely false. This is why we have to explain the following points. The first point is this: All the regulations in Islâmic law are divided into two groups with respect to to legal authority. First, rules that were based directly on the Qur’an and the Sunnah and codified in books on Fiqh (Islâmic Law) are called Sharî‘ah rules, Shar‘-i Sharîf, or Sharî‘ah law; these rules constitute 85% of the legal system. The exclusive sources of these rules are the Qur’an, the consensus of Muslim jurists, and true analogy (qiyâs). All explanations of these rules based completely on the Qur’an and the Sunnah. If any Muslim scholar writes an article on ‘beating women’ or ‘polygamy,’ he is responsible only for his/her interpretations. Could any scholar be responsible for the religious ideology that he/she explains? Are his/her explanations to be considered propaganda for that religion or ideology? Absolutly not. Western authorities, politicians and journalists should know that Muslims hold that every machine has a manual. If the manual is not followed when the machine is being used or operated, it will break. Allah sent the Qur’an as the manual for human beings. If a society does not take the Qur’an as its guide, it is destined to have the same fate as a machine that is operated without the manual. This is a basic creed for Muslims. A Muslim cannot disagree with a explicit verse of the Qur’an. Second, financial law, land law, ta‘zîr penalties, arrangements concerning military law and administrative law in particular were based on the restricted legislative authority vested by Sharî‘ah decrees and those jurisprudential decrees that were founded on secondary sources such as customs and traditions and the public good, which fell under public law, al-Siyâsah al-Shar‘iyyah (Sharî‘ah policies), Qânûn (Legal Code), and the like. Since these could not exceed the limits of Sharî‘ah principles either, they should not be viewed as a legal system outside of Islâmic Law. The second point is that another classification of the Islâmic rules should be explained. Many Muslims and non-Muslims think that all injunctions in Islâmic Law, such as polygamy and slavery, were established by the Qur’an or the Sunnah directly, and Islâmic Law has been criticized severely for this. The supposition here is false. A further point that causes confusion is the view that there was no slavery, male or female, before Islâm and that Islâm introduced it. There are, however, two kinds of injunctions in Islâmic law. 1) The first are injunctions that were laid down by Islâm as principles for the first time since they did not exist in previous legal systems. Islâm established these principles, such as zakâh, waqf(endowments) and inheritance shares. Muslim scholars state that these are completely beneficial for humankind as a whole. They also contain many instances of wisdom and purpose, even if people are not aware of them. 2) The second are injunctions that Islâm did not introduce; they already existed and Islâm modified them. That is, Islâm was not the first to set them down; rather, they were part of the law systems of other societies and were applied in a savage form. Since it would have been contrary to human nature to abolish injunctions of this kind suddenly and completely, Islâmic Law modified them so that they were no longer barbaric but civilized. Slavery and polygamy are good examples of this.[2] My third point is that I have explained theoretical rules of Islâmic Law in this book, but have not neglected the practice aspect of Islâmic private law. We have focused on the practice of the Ottoman State for Sharî‘ah especially because the Ottoman State practiced Islâmic Law completely, and we have archival documents proving this claim. The study of Shar‘iyyah Records (Shari‘iyyah Sijilleri) proves that in the Ottoman State Sharî‘ah rules were taken as the basis for personal law, family law, inheritance law, jus obligationum, law of commodities, commercial law, and all the branches of private law with respect to international private law. The analysis of the two essential sources of information regarding Ottoman law, viz. legal codices and Shar‘iyyah Records, leads to the following irrefutable conclusion: the Ottoman legislative authorities only and solely codified administrative law, with the exception of various subjects of constitutional law, property law, laws regarding state land, military law, financial law, ta‘zîr(punishment by way of reproof), crimes in criminal law and their penalties and decrees regarding some exceptional issues of private law. In issuing decrees on these it codified Sharî‘ah principles – if any – since matters transferred to the rulers’ arrangements would be made in consideration of such secondary sources as the public good, customs, and traditions. Because it could never be alleged that a state’s legal system consisted solely in the above-mentioned subjects, it could also not be claimed that the stated issues were arranged in disregard of Shar‘-i Sharîf. The explanations below will clarify this matter.[3] The fourth point is that contemporary Islâmic codes from different Muslim countries were not negleced. I have sometimes looked at the Morroccan Family Code (al-Mudawwana),[4] Egyptian laws that are the root of Muslim Middle Eastern countries’ legal systems, Pakistan’s law code which was based on the Ḥanafî Law School. We could say that in Lebanon, Syria, Iraq, Kuwait, Jordan, the effects of Ottoman legal codes, like Majallah and family law continue. The fifth point is as follows. This book is based principally in the Ḥanafî School and Ottoman practice. Nonetheless, comparisons with other schools have been made, especially with the Mâlikî School, which is the official school in Morrocco, the United Arab Emirates, and some other countries, the Shâfi‘î School, which is the official school in Indonesia and some other countries, the Ḥanbalî School, the official school in Saudi Arabia, and some other countries, and finally the Ja’farî School, which is the official school especially in Iran. For comparison between schools, this work has benefitted from some major works on Islâmic law. These works include: M. Zarqa, Al-Fıqh al-İslâmî Fî Thawbih al-Jadîd, c. I-II, Dimaşk 1395/1975; ‘abd al-Rahman al-Jaziri, Al-Fiqh ‘ala al-maḏâhib al-arba‘a, Cairo, 1969; Al-Shahid al Thani (Zayn al-Din Muḥammad ibn ‘Ali al–Jab’i al-‘Amili [d. 965/1558]), Al-Rawdat al-bahiyya fi sharh al-lum‘at al-Dimashqiyya, Beirut, 1967; Abdullah ibn Ahmad ibn Qudâmah al-M’aqdisî, Al-Muqni‘, Cairo, 2005; Ḫalil bin Isḥaq, Al-Tawdîh Sharhu Muḫtasar ibn al-Hâjib, Casablanca, 2012. Some comparative works have also been of benefit. These include: Imran Ahsan Ḫan Nyazee, Outlines of Muslim Personal Law, Advanced Legal Studies Institute, Islâmabad, Pakistan, 2011; Chibli Malla, “Identity and Community Rights Islâmic Family Law: Variations on State,” in Islâmic Family Law, edited by Chibli Mallat & Jane Connors, Graham & Trotman Limited, London 1993; Ahmad Nasir, The Status of Women under Islâmic Law and Modern Islâmic Legislation, Brill, Leiden and An Introduction to the Law of Obligations of Afghanistan, edited by Trevor Kempner, Andrew Lawrence, and Ryan Nelson, Stanford Law School, (PDF). We should not forget some official or semi-official legal codes in Muslim countries that are completely based on Sharî‘ah. For example, Muḥammad Qadri Pasha’a (1306/1889), Murshid al-Hayrân (Guide for the Perplexed), which consists of 1,045 articles; Al-‘Adl Wal Insâf Fi Hall Mushkilât al-Awqâf (Justice and Equity in Solving the Problems of Endowments), which consists of 343 articles; and Al-Aḥkâm al-Shar‘iyyah Fi al-Aḥwâl al-Shaḫṣiyyah (Legal Rulings on Personal Status Law), which consists of 647 articles; Morroccan Family Law (Mudawwanah); The Egyptian Civil Code was written in 1949, whose primary author was Abdel-Razzak al-Sanhuri, who was assisted by Dean Edouard Lambert of the University of Lille; The Egyptian Civil Code has been the source of law and inspiration for numerous other Middle Eastern jurisdictions, including the pre-dictatorship kingdoms of Libya, Jordan, and Iraq (both drafted by Al-Sanhuri himself and a team of native jurists under his guidance), Bahrain, as well as Qatar (the last two merely inspired by his notions) and the commercial code of Kuwait (drafted by Al-Sanhuri); Pakistan Muslim Family Law Ordinance 1961. This book is divided into seven chapters: 1) personal law, 2) family law, 3) inheritance law, 4) obligations and contract Law, 5) property law, 6) commercial law, 7) international private law. We repeat again that we have preferred to write what Muslim jurists (fuqahâ) have argued is how the Qur’an and the Sunnah should be interpreted. Our success will be measured by our ability to correctly reproduce what existed in Islâmic sources. Every human enterprises falls short; we are ready to perfect our study with the help of contributions by readers and constructive criticism. I would like to thank all those who read this book and contribute constructively to it. I am thankful to God Who enabled me to complete this book.
