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 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 Issues in Islamic Law written by MashoodA. Baderin and published by Routledge. This book was released on 2017-07-05 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic substantive law, otherwise called branches of the law (furu? al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of ?cultivation? (istithmar), whereby the qualified jurist (mujtahid), as the ?cultivator?, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of ?fruits? (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.
Download or read book Interpretations of Law and Ethics in Muslim Contexts written by Aptin Khanbaghi and published by Edinburgh University Press. This book was released on 2019-07-31 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together some of the many unheard voices of scholars studying law and ethics within Muslim societies. It features over 200 abstracts with bibliographical details in three languages (English, Arabic and Turkish), giving access to information about original post-1800 scholarly publications from Muslim contexts in the fields of law and ethics from different Muslim societies. The volume highlights the diversity of interpretations of law and ethics across these societies and creates access to, and reinforces communication between, scholars and institutions where sharing of knowledge and information has often been hindered by language barriers. --jacket.
Download or read book Human Rights and Islam written by Abdullah Saeed and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.
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 272 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 Beginnings of Islamic Law written by Lena Salaymeh and published by Cambridge University Press. This book was released on 2016-11-14 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Beginnings of Islamic Law is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, the book proposes that Islamic law is a continuous intermingling of innovation and tradition. Salaymeh challenges the embedded assumptions in conventional Islamic legal historiography by developing a critical approach to the study of both Islamic and Jewish legal history. Through case studies of the treatment of war prisoners, circumcision, and wife-initiated divorce, she examines how Muslim jurists incorporated and transformed 'Near Eastern' legal traditions. She also demonstrates how socio-political and historical situations shaped the everyday practice of law, legal education, and the organization of the legal profession in the late antique and medieval eras. Aimed at scholars and students interested in Islamic history, Islamic law, and the relationship between Jewish and Islamic legal traditions, this book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
Download or read book Islamic Law and Society written by Emine Enise Yakar and published by Routledge. This book was released on 2021-09-30 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.
Download or read book Islamic Law in Practice written by Mashood A. Baderin and published by Routledge. This book was released on 2017-03-02 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.
Download or read book Islam and the Challenge of Democracy written by Khaled Abou El Fadl and published by Princeton University Press. This book was released on 2004-03-28 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: The events of September 11 and the subsequent war on terrorism have provoked widespread discussion about the possibility of democracy in the Islamic world. Such topics as the meaning of jihad, the role of clerics as authoritative interpreters, and the place of human rights and toleration in Islam have become subjects of urgent public debate around the world. With few exceptions, however, this debate has proceeded in isolation from the vibrant traditions of argument within Islamic theology, philosophy, and law. Islam and the Challenge of Democracy aims to correct this deficiency. The book engages the reader in a rich discourse on the challenges of democracy in contemporary Islam. The collection begins with a lead essay by Khaled Abou El Fadl, who argues that democracy, especially a constitutional democracy that protects basic individual rights, is the form of government best suited to promoting a set of social and political values central to Islam. Because Islam is about submission to God and about each individual's responsibility to serve as His agent on Earth, Abou El Fadl argues, there is no place for the subjugation to human authority demanded by authoritarian regimes. The lead essay is followed by eleven others from internationally respected specialists in democracy and religion. They address, challenge, and engage Abou El Fadl's work. The contributors include John Esposito, Muhammad Fadel, Noah Feldman, Nader Hashemi, Bernard Haykel, Muqtedar Khan, Saba Mahmood, David Novak, William Quandt, Kevin Reinhart, and Jeremy Waldron.
Download or read book A History of Islamic Legal Theories written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 1997 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.
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 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first systematic treatment of political resistance and rebellion in Islamic law.
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 American Journal of Islam and Society AJIS Volume 37 Issues 3 4 written by Timothy Gutmann and published by International Institute of Islamic Thought (IIIT). This book was released on 2020-11-07 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an editorial essay, Ovamir Anjum reflects on the current moment of (and literature on) de-globalization, considering in turn conservative and liberal arguments. He concludes by raising several questions which de-globalization opens, key among them the challenges posed by ongoing ecological degradation. In the first research article, Timothy Gutmann offers the term “propaedeutic” to refer to the critical pedagogy necessary for teaching unfamiliar material to audiences whose sensibilities and expectations are already structured by distinctive anxieties and concerns. Gutmann addresses common caricatures of Islamic law and suggests that Islamic traditions may themselves contain a propaedeutic potential for teaching Islamic studies in the North American context. In the second research article, Brannon Wheeler traces a possible Islamic “Responsibility To Protect.” By focusing on Islamist exegesis of Q 3:110 and on classical and contemporary understandings of migration, Wheeler ultimately notes the political and intellectual compromises involved in accepting certain instances of violence and rejecting others. In the third research article, Abbas Ahsan makes an analytic-philosophical case for radical epistemic relativism. Our inability to conceive of the logically impossible, he concludes, is itself a testimony that God transcends the laws of logic. Next, a review essay is followed by ten book reviews; in this issue’s Forum article, Scott Lucas introduces readers to the sophisticated work of four Muslim thinkers of the 5th/11th century: Miskawayh, al-Hakim al-Jishumi, Ibn Hazm, and al-Khatib al-Baghdadi. Lucas encourages Muslims to emulate these figures’ practices of reading widely, with intellectual generosity and commitment, and to insist on the relationship between knowledge and practice.
Download or read book Islamic Family Law written by Chibli Mallat and published by BRILL. This book was released on 1990 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.
Download or read book Human Rights in Islam written by Syed Abul ʻAla Maudoodi and published by . This book was released on 1976 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: A short exposition of the value and concept of human rights in Islam as noted in the Quran and Sunnah
Download or read book The Concept of Territory in Islamic Law and Thought written by Yanagihashi Hiroyuki and published by Routledge. This book was released on 2013-10-28 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is Volume II of a planned six on Islamic Area Studies. Originally published in 2000. The Islamic Area Studies Project plans to do multidisciplinary research on Muslim societies in both the Islamic and non-Islamic worlds, by reflecting the fact that areas with close ties to Islam now encompass the world. This series presents the important new knowledge and debate achieved through international joint research about Islam as a religion and civilization, particularly emphasizing comparative and historical analysis. The series will hopefully provide multifaceted, useful information to deepen the reader's understanding of the Islamic world.
