A Continuity Of Sharia

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Authority, Continuity and Change in Islamic Law

Author : Wael B. Hallaq
Publisher : Cambridge University Press
ISBN 13 : 0521803314
Total Pages : 285 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Authority, Continuity and Change in Islamic Law by : Wael B. Hallaq

Download or read book Authority, Continuity and Change in Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2001-07-02 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wael B. Hallaq is regarded as one of the leading scholars in the field of Islamic law. In a path-breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. While the role of the law schools in augmenting these processes was of the essence, the author demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in history, that maintained the foundations of school methodology and hermeneutics. The defence of that methodology gave rise to an infinite variety of individual legal opinions, ultimately accommodating changes in the law. Thus the author concludes that the mechanisms of change were embedded in the very structure of Islamic law, despite its essentially conservative nature. This book will be welcomed by specialists and scholars in Islamic law for its rigour and innovation.

Islam: Continuity And Change In The Modern World

Author : John Voll
Publisher : Westview Press
ISBN 13 : 9780891589839
Total Pages : 416 pages
Book Rating : 4.5/5 (898 download)

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Book Synopsis Islam: Continuity And Change In The Modern World by : John Voll

Download or read book Islam: Continuity And Change In The Modern World written by John Voll and published by Westview Press. This book was released on 1982-06-29 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Islamic Law of Personal Status

Author : Jamal J. Nasir
Publisher : BRILL
ISBN 13 : 9004480382
Total Pages : 290 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Islamic Law of Personal Status by : Jamal J. Nasir

Download or read book The Islamic Law of Personal Status written by Jamal J. Nasir and published by BRILL. This book was released on 2021-10-05 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of the authoritative English-language treatment of Islamic personal status law gives practitioners and courts throughout the world direct access to this important body of law in its most up-to-date development. All Middle Eastern and North African Arab states are covered; new to this edition is coverage of recent provisions enacted in Kuwait, Yemen, and Sudan. The chapter on dissolution of marriage has been completely revised to reflect current legal interpretation and judicial practice in this rapidly changing area of Islamic law. Also new and especially valuable are English versions, for the first time anywhere, of fundamental Shiite and Jaafari legal works with the most thorough analysis and commentary available in any non-Arabic source. Dr. Nasir's much-appreciated methodology has been continued since the very successful first edition of 1986. For each topic - e.g., marriage, dower, dissolution of marriage, parentage, inheritance, and waqf - he begins with a consideration of the subject in Sharia law, and then goes on to present legislation and contemporary views, in particular Arab countries. This approach, while it clearly manifests the continuity of Islamic law respecting personal status, is of great practical value to judges and practitioners, especially those who must resolve disputes under Islamic law in non-Muslim countries.

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Author : Rainer Grote
Publisher : Oxford University Press, USA
ISBN 13 : 019975988X
Total Pages : 755 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Constitutionalism in Islamic Countries: Between Upheaval and Continuity by : Rainer Grote

Download or read book Constitutionalism in Islamic Countries: Between Upheaval and Continuity written by Rainer Grote and published by Oxford University Press, USA. This book was released on 2012-02-16 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.

The Impossible State

Author : Wael B. Hallaq
Publisher : Columbia University Press
ISBN 13 : 0231530862
Total Pages : 273 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis The Impossible State by : Wael B. Hallaq

Download or read book The Impossible State written by Wael B. Hallaq and published by Columbia University Press. This book was released on 2012-11-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wael B. Hallaq boldly argues that the "Islamic state," 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 modernity's 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 state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' 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 "crises of Islam" 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.

An Introduction to Islamic Law

Author : Wael B. Hallaq
Publisher : Cambridge University Press
ISBN 13 : 1139489305
Total Pages : 209 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis An Introduction to Islamic Law by : Wael B. Hallaq

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.

Between God and the Sultan

Author : Knut S. Vikør
Publisher : Oxford University Press, USA
ISBN 13 : 9780195223989
Total Pages : 406 pages
Book Rating : 4.2/5 (239 download)

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Book Synopsis Between God and the Sultan by : Knut S. Vikør

Download or read book Between God and the Sultan written by Knut S. Vikør and published by Oxford University Press, USA. This book was released on 2005 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.

History of Islamic Law

Author : Noel Coulson
Publisher : Edinburgh University Press
ISBN 13 : 0748696490
Total Pages : 280 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis History of Islamic Law by : Noel Coulson

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.

The Beginnings of Islamic Law

Author : Lena Salaymeh
Publisher : Cambridge University Press
ISBN 13 : 1107133025
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Beginnings of Islamic Law by : Lena Salaymeh

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 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

Land, Law and Islam

Author : Hilary Lim
Publisher : Zed Books Ltd.
ISBN 13 : 1848137206
Total Pages : 247 pages
Book Rating : 4.8/5 (481 download)

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Book Synopsis Land, Law and Islam by : Hilary Lim

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.

Migration and Islamic Ethics

Author : Ray Jureidini
Publisher :
ISBN 13 : 9789004406407
Total Pages : 0 pages
Book Rating : 4.4/5 (64 download)

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Book Synopsis Migration and Islamic Ethics by : Ray Jureidini

Download or read book Migration and Islamic Ethics written by Ray Jureidini and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migration and Islamic Ethics, Issues of Residence, Naturalization and Citizenship contains various cases of migration movements in the Muslim world from ethical and legal perspectives to argue that Muslim migration experiences can offer a new paradigm of how the religious and the moral can play a significant role in addressing forced migration and displacement

Constitutionalism in Islamic Countries

Author : Rainer Grote
Publisher :
ISBN 13 : 9780190259921
Total Pages : 730 pages
Book Rating : 4.2/5 (599 download)

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Book Synopsis Constitutionalism in Islamic Countries by : Rainer Grote

Download or read book Constitutionalism in Islamic Countries written by Rainer Grote and published by . This book was released on 2012 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the question of whether something similar to an 'Islamic constitutionalism' has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia in order to identify its defining features and to assess the challenges it poses to established concepts of constitutionalism. This book offers an integrated analysis of the constitutional experience of Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law, and legal history.

Understanding Sharia

Author : Raficq S. Abdulla
Publisher : Bloomsbury Publishing
ISBN 13 : 1786734052
Total Pages : 352 pages
Book Rating : 4.7/5 (867 download)

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Book Synopsis Understanding Sharia by : Raficq S. Abdulla

Download or read book Understanding Sharia written by Raficq S. Abdulla and published by Bloomsbury Publishing. This book was released on 2018-04-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: I.B.Tauris in association with the Institute of Ismaili Studies Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs. In addition to tracing the history of sharia, the book offers a critique concerning its status today. Sharia is examined with regard to particular issues that are of paramount importance in the contemporary world, such as human rights; criminal penalties, including those dealing with apostasy, blasphemy and adultery, commercial transactions, and bio-medical ethics, amongst other subjects. The authors show that sharia is a legal system underpinned by ethical principles that are open to change in different circumstances and contexts, notwithstanding the claims for `transcendental permanence' made by Islamists. This book encourages new thinking about the history of sharia and its role in the modern world.

Continuity and Change in Medieval Persia

Author : A.K.S. Lambton
Publisher : State University of New York Press
ISBN 13 : 1438409974
Total Pages : 444 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis Continuity and Change in Medieval Persia by : A.K.S. Lambton

Download or read book Continuity and Change in Medieval Persia written by A.K.S. Lambton and published by State University of New York Press. This book was released on 1988-01-01 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Continuity and often violent change in medieval Persia are revealed in this detailed study of aspects of Persian history during three turbulent centuries (1040–1335 A.D.). An extensive introduction provides the chronological framework for this examination of the vital areas of administrative, economic, and social history. This book is a major contribution from the pen of a scholar whose knowledge of the sources of the history of Islamic Persia and of the country itself is hardly to be matched by any living Western scholar. Lambton provides an astonishing amount of information and also uniquely deep insights into Persian history and society.

Sharia Transformations

Author : Michael G. Peletz
Publisher : Univ of California Press
ISBN 13 : 0520974476
Total Pages : 307 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Sharia Transformations by : Michael G. Peletz

Download or read book Sharia Transformations written by Michael G. Peletz and published by Univ of California Press. This book was released on 2020-03-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.

Contemporary Bioethics

Author : Mohammed Ali Al-Bar
Publisher : Springer
ISBN 13 : 3319184288
Total Pages : 273 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Contemporary Bioethics by : Mohammed Ali Al-Bar

Download or read book Contemporary Bioethics written by Mohammed Ali Al-Bar and published by Springer. This book was released on 2015-05-27 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.

A Tale of Two Stories

Author : Björn Bentlage
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3112209338
Total Pages : 336 pages
Book Rating : 4.1/5 (122 download)

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Book Synopsis A Tale of Two Stories by : Björn Bentlage

Download or read book A Tale of Two Stories written by Björn Bentlage and published by Walter de Gruyter GmbH & Co KG. This book was released on 2020-08-10 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Reihe Islamkundliche Untersuchungen wurde 1969 im Klaus Schwarz Verlag begründet und hat sich zu einem der wichtigsten Publikationsorgane der Islamwissenschaft in Deutschland entwickelt. Die über 330 Bände widmen sich der Geschichte, Kultur und den Gesellschaften Nordafrikas, des Nahen und Mittleren Ostens sowie Zentral-, Süd- und Südost-Asiens.