Download or read book The Oxford Handbook of Islamic Law written by Anver M. Emon and published by . This book was released on 2018 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to Islamic legal scholarship, this Handbook offers a direct and accessible introduction to Islamic law and the academic debates within the field. Topics include textual sources and authority, institutions, substantive legal areas, Islamic legal philosophy, and Islamic law in the Muslim World and in Muslim minority countries.
Download or read book The Fatigue of the Shari a written by A. Ahmad and published by Palgrave Macmillan. This book was released on 2012-03-27 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fatigue of the Shari'a places on a continuum two kinds of debates: debates in the Islamic tradition about the end of access to divine guidance and debates in modern scholarship in Islamic legal studies about the end of the Shari'a. The resulting continuum covers what access to divine guidance means and how it relates to Shari'a.
Download or read book Ijtihad and Renewal written by Said Shabbar and published by International Institute of Islamic Thought (IIIT). This book was released on 2017-01-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early centuries of Islam the response of Muslims to problem-solving the various issues and challenges that faced their rapidly expanding community was to use intelligence and independent reasoning based on the Qur’an and Sunnah to address them. This practice is known as ijtihad. As the centuries wore on however the gates of ijtihad were generally closed in favor of following existing rulings developed by scholars by way of analogy. And as reason and intellect, now held captive to madhhabs (schools of thought) and earlier scholarly opinion stagnated, so did the Muslim world. Ijtihad and Renewal is an analysis of ijtihad and the role it can play for a positive Muslim revival in the modern world, a revival based on society-wide economic and educational reform and development. It makes the case that the grafting of solutions rooted in the past onto the complex and unique realities of our own age, in a one-size-fits-all perspective, has paralysed the vitality of Muslim thought, and confused its sense of direction, and that to revive the Muslim world from its centuries of decline and slumber we need to revive the practice of ijtihad. Focusing attention on thinking through solutions for ourselves based on our own times and context, using the Qur’an and Sunnah, as well as the wisdom and experience of the past distilled from these, as tools in this endeavor whilst not the only solution, is certainly a viable and powerful one.
Download or read book Theories of Islamic Law written by Imran Ahsan Khan Nyazee and published by Createspace Independent Publishing Platform. This book was released on 2016-12-24 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main main purpose of the book was to counter the rather simplistic view of the discipline of usul al-fiqh that it represents a single uniform theory, called the classical theory. The view presented in this book was that there is no uniform single legal theory in Islam. The view of a uniform theory was held not only by the Orientalists, but many Muslim scholars as well. The view did not do justice to Islamic jurisprudence for it overlooked the rich diversity found in the Islamic legl system. Instead of one, the book shows, there are at least three legal theories, each of which has been explained by the author in some detail and with remarkable lucidity. Each of these theories has played a useful role in the past and each can play even today a vital role in the development of Islamic law. Another purpose was to explain the paradox of the so-called rigidity of Islamic law at the theoretical level accompanied with a perceptible degree of laxity in practice. The author forcefully argued that the Islamic Legal system comprises two cooperating spheres. The first sphere is relatively fixed since it is focused on given texts. This sphere falls within the domain of the jurists. The other sphere, which draws upon the general principles of Islamic law, regulates the law made by the state. These are separate but complementary spheres. Neither is the relative fixity of the first sphere a manifestation of the Muslim jurists' mental rigidity. Nor is the flexibility of the second sphere the manifestation of any cynical disregard of the revealed texts on the part of the rulers. The book has been influential in many other ways, and has given rise to research in several new directions. First published in 1994, it is still used by teachers, researchers, university students and general readers.
Download or read book Contemporary Ijtihad written by L. Ali Khan and published by Edinburgh University Press. This book was released on 2012-09-17 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the challenges and limits of contemporary ijtihad in the context of diverse needs of Muslim cultures and communities living in Muslim and non-Muslim nations and continents, including Europe and North America.
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 Sh h Wal All h s Treatises on Islamic Law written by Marcia K. Hermansen and published by . This book was released on 2011 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shah Wali Allah’s two important treatises on juristic diversity and the nature of binding and independent authority in Islamic law, Al-In'af fi Bayan Sabab al-Ikhtilaf and 'Iqd al-Jid fi A'kam al-Ijtihad wa-l Taqlid, are here translated from the original Arabic with critical introductions and annotations to the author's sources and the legal issues used to illustrate his arguments. Addressing relevant and crucial contemporary issues, these new scholarly translations of the important treatises provide access to important debates on authority and reform in Islamic legal reasoning. The question of ijtihad (independent critical reasoning) versus taqlid (adherence to the classical schools and rulings of Islamic law) continues to inform contemporary discussions of how Muslims—as individuals and in their institutions and practice—can maintain fidelity and authenticity while addressing the compelling issues of the present age.
Download or read book Research Handbook on Islamic Law and Society written by Nadirsyah Hosen and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
Download or read book Islamic Law and Ethics written by David R. Vishanoff and published by International Institute of Islamic Thought (IIIT). This book was released on 2020-09-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?
Download or read book Maqasid Al Shariah written by Jasser Auda and published by International Institute of Islamic Thought (IIIT). This book was released on 2008-01-01 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current applications (or rather, misapplications) of Islamic law are reductionist rather than holistic, literal rather than moral, one-dimensional rather than multidimensional, binary rather than multi-valued, deconstructionist rather than reconstructionist, and causal rather than teleological. There is lack of consideration and functionality of the overall purposes and underlying principles of the Islamic law as a whole. Further, exaggerated claims of ‘rational certainty’ (or else, ‘irrationality’) and ‘consensus of the infallible’ (or else, ‘historicity of the scripts’) add to lack of spirituality, intolerance, violent ideologies, suppressed freedoms, and authoritarianism. Thus, a maqasidi approach takes juridical issues to a higher philosophical ground, and hence, overcomes (historical) differences over politics between Islamic schools of law, and encourages a much-needed culture of conciliation and peaceful coexistence. Moreover, the realization of purposes should be the core objective of all fundamental linguistic and rational methodologies of ijtihad, regardless of their various names and approaches. Thus, the validity of any ijtihad should be determined based on its level of achieving ‘purposefulness,’ or realizing maqasid al-shari’ah.
Download or read book Islamic Legal Interpretation written by Muhammad Khalid Masud and published by Oxford University Press, USA. This book was released on 2005 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous ed.: Cambrige, Mass.: Harvard University Press, 1996.
Download or read book Islam and Good Governance written by M. A. Muqtedar Khan and published by Springer. This book was released on 2019-04-08 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances an Islamic political philosophy based on the concept of Ihsan, which means to do beautiful things. The author moves beyond the dominant model of Islamic governance advanced by modern day Islamists. The political philosophy of Ihsan privileges process over structure, deeds over identity, love over law and mercy and forgiveness over retribution. The work invites Muslims to move away from thinking about the form of Islamic government and to strive to create a self-critical society that defends national virtue and generates institutions and practices that provide good governance.
Download or read book An Introduction to the Islamic Shari ah written by Sayyid Muhammad Sayyid Muhammad Rizvi and published by . This book was released on 2017-10-07 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this text, Sayyid Muhammad Rizvi has outlined the fundamentals of Shari'ah and how to live by the teachings and laws of Islam. He discusses Taqlid, understanding of the laws and the reasoning behind them, and even the concept of Ijtihad.
Download or read book Promoting Women s Rights in Islamic Law in a Non Muslim State Israel written by Ahmad Natour and published by Rowman & Littlefield. This book was released on 2021-04-07 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
Download or read book A New Introduction to Islam written by Daniel W. Brown and published by John Wiley & Sons. This book was released on 2011-08-24 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this student-friendly textbook explores the origins, major features and lasting influence of the Islamic tradition. Traces the development of Muslim beliefs and practices against the background of social and cultural contexts extending from North Africa to South and Southeast Asia Fully revised for the second edition, with completely new opening and closing chapters considering key issues facing Islam in the 21st century Focuses greater attention on everyday practices, the role of women in Muslim societies, and offers additional material on Islam in America Includes detailed chronologies, tables summarizing key information, useful maps and diagrams, and many more illustrations
Download or read book Islamic Jurisprudence in the Classical Era written by Norman Calder and published by Cambridge University Press. This book was released on 2010-03-22 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Norman Calder is still considered a luminary in the field of Islamic law. He was one among a handful of Western scholars who were beginning to engage with the subject. In the intervening years, much has changed, and Islamic law is now understood as fundamental to any engagement with the study of Islam, its history, and its society. In this book, Colin Imber has put together and edited four essays by Norman Calder that have never been previously published. Typically incisive, they categorize and analyze the different genres of Islamic juristic literature that was produced between the tenth and fourteenth centuries, showing what function they served both in the preservation of Muslim legal and religious traditions and in the day-to-day lives of their communities. The essays also examine the status and role of the jurists themselves and give clear answers to the controversial questions of how far Islamic law and juristic thinking changed over the centuries, and how far it was able to adapt to new circumstances.
