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Modern Challenges To Islamic Law

Author: Shaheen Sardar Ali
Publisher: Cambridge University Press
ISBN: 1316727777
Size: 44.21 MB
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The diversity of interpretation within Islamic legal traditions can be challenging for those working within this field of study. Using a distinctly contextual approach, this book addresses such challenges by combining theoretical perspectives on Islamic law with insight into how local understandings impact on the application of law in Muslim daily life. Engaging with topics as diverse as Islamic constitutionalism, Islamic finance, human rights and internet fatawa, Shaheen Sardar Ali provides an invaluable resource for scholars, students and practitioners alike by exploring exactly what constitutes Islamic law in the contemporary world. Useful examples, case studies, a glossary of terms and the author's personal reflections accompany traditional academic critique, and together offer the reader a unique and discerning discussion of Islamic law in practice.

Shari A

Author: Abbas Amanat
Publisher: Stanford University Press
ISBN: 9780804756396
Size: 55.88 MB
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A survey and analysis of what Shari’a, or Islamic law, means for Muslims today.

The Ashgate Research Companion To Islamic Law

Author: Peri Bearman
Publisher: Routledge
ISBN: 1317043065
Size: 42.40 MB
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This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

Islam Law And The Modern State

Author: Arif A. Jamal
Publisher: Routledge
ISBN: 1315466791
Size: 24.53 MB
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Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.

Modern Perspectives On Islamic Law

Author: E. Ann Black
Publisher: Edward Elgar Publishing
ISBN: 0857934473
Size: 48.22 MB
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'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.

Sharia Compliant

Author: Rumee Ahmed
Publisher: Stanford University Press
ISBN: 150360571X
Size: 38.77 MB
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For over a thousand years, Muslim scholars worked to ensure that Islamic law was always fresh and vibrant, that it responded to the needs of an evolving Muslim community and served as a moral and spiritual compass. They did this by "hacking" Islamic law in accordance with changing times and contexts, diving into the interconnected Islamic legal tradition to recalibrate what was outdated, making some laws work better and more efficiently while leaving others undisturbed. These hacking skills made Islamic law both flexible and relevant so that it could meet the needs of a community with changing values while remaining true to its ancient roots. Today, the hacking process has stalled in the face of unprecedented structural challenges, and Islamic law has stagnated. This book is designed to revitalize the hacking tradition by getting readers involved in the process. It walks them through the ins and outs of Islamic legal change, vividly describing how Muslim scholars have met new and evolving challenges on topics as diverse as abolition, democracy, finance, gender, human rights, sexuality, and more. And it provides step-by-step instructions for readers to hack laws for themselves, so that through their engagement and creativity, they can help Islamic law regain its intrinsic vitality and resume its role as a forward-looking source for good in the world.

A History Of Islamic Law

Author: N. Coulson
Publisher: Routledge
ISBN: 9781138518261
Size: 79.52 MB
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Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.

Women In Muslim Family Law

Author: John L. Esposito
Publisher: Syracuse University Press
ISBN: 9780815629085
Size: 72.44 MB
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An exploration of family law as it pertains to women with regard to marriage, divorce and inheritance in the Middle East. This second edition is revised to expand and update coverage of family law reforms that have taken place throughout the Middle East, North Africa, and South and Southeast Asia. It focuses on the historical and legal context for reform, and the methodology and extent of contemporary legal trends, particularly in Egypt and Pakistan.

Islamic Law And The Challenges Of Modernity

Author: Yvonne Yazbeck Haddad
Publisher: Rowman Altamira
ISBN: 9780759106710
Size: 21.19 MB
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From different geographical and ideological points across the contemporary Arab world, this book demonstrates the range of views on just what Islam's legal heritage in the region should be.

Islamic Law And Society In Iran

Author: Nobuaki Kondo
Publisher: Taylor & Francis
ISBN: 135178319X
Size: 32.95 MB
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The relationship between Islamic law and society is an important issue in Iran under the Islamic Republic. Although Islamic law was a pivotal element in the traditional Iranian society, no comprehensive research has been made until today. This is because modern reformers emphasized the lack of rule of law in nineteenth-century Iran. However, a legal system did exist, and Islamic law was a substantial part of it. This is the first book on the relationship between Islamic law and the Iranian society during the nineteenth century. The author explores the legal aspects of urban society in Iran and provides the social context in which political process occurred and examines how authorities applied law in society, how people utilized the law, and how the law regulated society. Based on rich archival sources including court records and private deeds from Qajar Tehran, this book explores how Islamic law functioned in Iranian society. The judicial system, sharia court, and religious endowments (vaqf) are fully discussed, and the role of ‘ulama as legal experts is highlighted throughout the book. It challenges nationalist and modernist views on nineteenth-century Iran and provides a unique model in terms of the relationship between Islamic law and society, which is rather different from the Ottoman case. Providing an understanding of this legal system in Iran and its role in society, this book offers a basis for assessing the motives and results of modern reforms as well as the modernist discourse. This book will be of interest to students of Middle Eastern and Iranian Studies.