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Menschenrechte Zwischen Universalit T Und Islamischer Legitimit T

Author: Mahmoud Bassiouni
Publisher: Suhrkamp Verlag
ISBN: 3518738763
Size: 22.66 MB
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Menschenrechte befinden sich im zeitgenössischen islamischen Diskurs in einem normativen Spannungsfeld. Einerseits müssen sie islamisch legitimiert, das heißt im islamischen Rechtsdenken verankert werden, andererseits sollen sie aber auch universal konsensfähig sein. Mahmoud Bassiouni entwickelt in seinem bahnbrechenden Buch eine neue Möglichkeit, diese beiden Ansprüche gleichzeitig zu erfüllen, indem er Menschenrechte, angelehnt an die Theorie der islamischen Rechtszwecke (»maqasid al-šari?a«), als Institutionen zum Schutz grundlegender menschlicher Bedürfnisse konzipiert.

An Introduction To Islamic Law

Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 1139489305
Size: 76.44 MB
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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.

Legal Authority In Premodern Islam

Author: Fachrizal A. Halim
Publisher: Routledge
ISBN: 1317749170
Size: 46.64 MB
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Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahyā b. Sharaf al-Nawawī, who is regarded as the chief contributor to the legal tradition known as the Shāfi'ī madhhab in traditional Muslim sources, named after Muhammad b. Idrīs al-Shāfi'ī (d. 204/820), the supposed founder of the school of law. Al-Nawawī’s legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawī’s place in the long-term formation of the madhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shāfi'ites, i.e., the tarīqas of the Iraqians and Khurasanians. This book revisits the history of the Shāfi'ī school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi’ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.

The Origins And Evolution Of Islamic Law

Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 9780521005807
Size: 48.88 MB
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Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms. The development of the judiciary, legal reasoning and legal authority during the first century is discussed in detail as is the dramatic rise of prophetic authority, the crystallization of legal theory and the formation of the all-important legal schools. Finally the book explores the interplay between law and politics, explaining how the jurists and the ruling elite led a symbiotic existence that - seemingly paradoxically - allowed Islamic law and its application to be uniquely independent of the 'state'.

The Impossible State

Author: Wael B. Hallaq
Publisher: Columbia University Press
ISBN: 023116257X
Size: 76.14 MB
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Wael B. Hallaq boldly argues that the ÒIslamic state,Ó judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernityÕs moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the stateÕs technologies of the self are severely lacking in moral substance, and todayÕs Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine ShariÕa governance. The IslamistsÕ constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other Òcrises of IslamÓ are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.

Crime And Punishment In Islamic Law

Author: Rudolph Peters
Publisher: Cambridge University Press
ISBN: 1139445340
Size: 57.69 MB
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Rudolph Peters' book, first published in 2006, is about crimes and their punishments as laid down in Islamic law. In recent years some of the more fundamentalist regimes, such as those of Iran, Pakistan, Sudan and the northern states of Nigeria have reintroduced Islamic law in place of western criminal codes. Peters gives a detailed account of the classical doctrine and traces the enforcement of criminal law from the Ottoman period to the present day. The accounts of actual cases which range from theft, banditry, murder, fornication and apostasy shed light on the complexities of the law, and the sensitivity and perspicacity of the qadis who implemented it. This is the first single-authored account of both the theory and practice of Islamic criminal law. It will be invaluable for students, and scholars in the field, as well as for professionals looking for comprehensive coverage of the topic.

Shar A

Author: Wael B. Hallaq
Publisher: Cambridge University Press
ISBN: 0521861470
Size: 71.89 MB
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Wael Hallaq's magisterial overview of Shari'a examines the doctrines and practices of Islamic law from the seventh century to the present. In a compelling narrative, the author unravels the complexities of his subject to reveal a deep knowledge of the law which will engage and challenge both student and scholar.

Muslim Identities

Author: Aaron W. Hughes
Publisher: Columbia University Press
ISBN: 0231531923
Size: 25.21 MB
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Rather than focus solely on theological concerns, this well-rounded introduction takes an expansive view of Islamic ideology, culture, and tradition, sourcing a range of historical, sociological, and literary perspectives. Neither overly critical nor apologetic, this book reflects the rich diversity of Muslim identities across the centuries and counters the unflattering, superficial portrayals of Islam that are shaping public discourse today. Aaron W. Hughes uniquely traces the development of Islam in relation to historical, intellectual, and cultural influences, enriching his narrative with the findings, debates, and methodologies of related disciplines, such as archaeology, history, and Near Eastern studies. Hughes's work challenges the dominance of traditional terms and concepts in religious studies, recasting religion as a set of social and cultural facts imagined, manipulated, and contested by various actors and groups over time. Making extensive use of contemporary identity theory, Hughes rethinks the teaching of Islam and religions in general and helps facilitate a more critical approach to Muslim sources. For readers seeking a non-theological, unbiased, and richly human portrait of Islam, as well as a strong grasp of Islamic study's major issues and debates, this textbook is a productive, progressive alternative to more classic surveys.