Doubt In Islamic Law

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Doubt in Islamic Law

Author : Intisar A. Rabb
Publisher :
ISBN 13 : 9781316212059
Total Pages : 414 pages
Book Rating : 4.2/5 (12 download)

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Book Synopsis Doubt in Islamic Law by : Intisar A. Rabb

Download or read book Doubt in Islamic Law written by Intisar A. Rabb and published by . This book was released on 2015 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam's unique concept of doubt, which evolved from the seventh to the sixteenth century.

Doubt in Islamic Law

Author : Intisar A. Rabb
Publisher : Cambridge University Press
ISBN 13 : 1107080991
Total Pages : 431 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Doubt in Islamic Law by : Intisar A. Rabb

Download or read book Doubt in Islamic Law written by Intisar A. Rabb and published by Cambridge University Press. This book was released on 2015 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.

Legal Maxims in Islamic Criminal Law: Theory and Applications

Author : Luqman Zakariyah
Publisher : BRILL
ISBN 13 : 9004304878
Total Pages : 247 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Legal Maxims in Islamic Criminal Law: Theory and Applications by : Luqman Zakariyah

Download or read book Legal Maxims in Islamic Criminal Law: Theory and Applications written by Luqman Zakariyah and published by BRILL. This book was released on 2015-10-22 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally.

Inevitable Doubt

Author : Robert Gleave
Publisher : BRILL
ISBN 13 : 9004491961
Total Pages : 277 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Inevitable Doubt by : Robert Gleave

Download or read book Inevitable Doubt written by Robert Gleave and published by BRILL. This book was released on 2021-12-28 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, two classical texts of legal theory (usūl al-fiqh) are analysed. The authors of these works belonged to two schools of Shī‘ī jurisprudence: Yūsuf al-Baḥrānī (d. 1186/1772) was a key figure in the Akhbārī school, and his adversary, Muḥammad Bāqir al-Bihbahāanī (d. 1206/1791-2) was credited with the revival of the Usūli school and the defeat of Akhbarism after Baḥrānī's death. Through a comparison of the two writers' theories, this work describes the major areas of dispute between the two schools, examining how their different epistemologies lead to different conceptions of the sources and interpretation of the Sharī‘a, God's law for humanity. This work will, then, be of interest to historians of Islamic thought generally, and Shī‘ī thought and Islamic legal theory, in particular.

Inevitable Doubt

Author : Robert Gleave
Publisher : BRILL
ISBN 13 : 9789004115958
Total Pages : 292 pages
Book Rating : 4.1/5 (159 download)

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Book Synopsis Inevitable Doubt by : Robert Gleave

Download or read book Inevitable Doubt written by Robert Gleave and published by BRILL. This book was released on 2000 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an analysis of the legal theories of two classical Sh Muslim writers: one an Akhb r, the other an Us li. It provides insight, not only into Islamic jurisprudence, but also the Akhb r -Us li conflict in Twelver Sh sm.

Issues in Islamic Law

Author : MashoodA. Baderin
Publisher : Routledge
ISBN 13 : 1351561944
Total Pages : 694 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Issues in Islamic Law by : MashoodA. Baderin

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 694 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 ofcultivation (istithmar), whereby the qualified jurist (mujtahid), as thecultivator uses relevant rules of legal theory to harvest the substantive law on specific issues in form offruits (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.

Islamic Law in Action

Author : Kristen Stilt
Publisher : Oxford University Press
ISBN 13 : 0199602433
Total Pages : 255 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Islamic Law in Action by : Kristen Stilt

Download or read book Islamic Law in Action written by Kristen Stilt and published by Oxford University Press. This book was released on 2011 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a "law in action" approach to the study of Islamic law through a focus on the activities of the muhtasib in medieval Cairo and Fustat, this book paints a clear picture of the practice of Islamic law at the time. Connecting theory and practice, it sheds new light on the lived experience of the legal system.

Research Handbook on Islamic Law and Society

Author : Nadirsyah Hosen
Publisher : Edward Elgar Publishing
ISBN 13 : 1781003068
Total Pages : 488 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Research Handbook on Islamic Law and Society by : Nadirsyah Hosen

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 488 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.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1100 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

The Ashgate Research Companion to Islamic Law

Author : Peri Bearman
Publisher : Routledge
ISBN 13 : 1317043057
Total Pages : 502 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Ashgate Research Companion to Islamic Law by : Peri Bearman

Download or read book The Ashgate Research Companion to Islamic Law written by Peri Bearman and published by Routledge. This book was released on 2016-03-16 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Speaking in God's Name

Author : Khaled Abou El Fadl
Publisher : Simon and Schuster
ISBN 13 : 1780744684
Total Pages : 192 pages
Book Rating : 4.7/5 (87 download)

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Book Synopsis Speaking in God's Name by : Khaled Abou El Fadl

Download or read book Speaking in God's Name written by Khaled Abou El Fadl and published by Simon and Schuster. This book was released on 2014-10-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on both religious and secular sources, this challenging book argues that divinely ordained law is frequently misinterpreted by Muslim authorities at the expense of certain groups, including women. Khaled Abou El Fadl cites a series of injustices in Islamic society and ultimately proposes a return to the original ethics at the heart of the Muslim legal system.

Rebellion and Violence in Islamic Law

Author : Khaled Abou El Fadl
Publisher : Cambridge University Press
ISBN 13 : 1107320143
Total Pages : pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Rebellion and Violence in Islamic Law by : Khaled Abou El Fadl

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 2001-11-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Khaled Abou El Fadl's book represents the first systematic examination of the idea and treatment of political resistance and rebellion in Islamic law. Pre-modern jurists produced an extensive and sophisticated discourse on the legality of rebellion and the treatment due to rebels under Islamic law. The book examines the emergence and development of these discourses from the eighth to the fifteenth centuries and considers juristic responses to the various terror-inducing strategies employed by rebels including assassination, stealth attacks and rape. The study demonstrates how Muslim jurists went about restructuring several competing doctrinal sources in order to construct a highly technical discourse on rebellion. Indeed many of these rulings may have a profound influence on contemporary practices. This is an important and challenging book which sheds light on the complexities of Islamic law and pre-modern attitudes to dissidence and rebellion.

Lessons in Islamic Jurisprudence

Author : Muhammad Baqir As-Sadr
Publisher : Simon and Schuster
ISBN 13 : 1780746865
Total Pages : 224 pages
Book Rating : 4.7/5 (87 download)

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Book Synopsis Lessons in Islamic Jurisprudence by : Muhammad Baqir As-Sadr

Download or read book Lessons in Islamic Jurisprudence written by Muhammad Baqir As-Sadr and published by Simon and Schuster. This book was released on 2014-10-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an English translation of one of the most famous texts by the influential and charismatic Islamic activist, as-Sadr, who was executed by Saddam Hussein in Iraq in 1980. As-Sadr's books have made him one of the most celebrated Arab Muslim intellectuals of modern times. This text is used throughout the Sunni and Shi'a world by students of Islamic jurisprudence because of its succinctness and intellectual vigour. Mottahedeh's translation is accompanied by a detailed introduction which explains and places in context as-Sadr's views. Representing an attempt to relate a large body of Islamic law to scripture, this translation should be of great interest to students of scripture, hermeneutics and law.

Legal Maxims in Islamic Law

Author : Necmettin Kızılkaya
Publisher : BRILL
ISBN 13 : 900444467X
Total Pages : 324 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Legal Maxims in Islamic Law by : Necmettin Kızılkaya

Download or read book Legal Maxims in Islamic Law written by Necmettin Kızılkaya and published by BRILL. This book was released on 2021-03-15 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses the legal maxims from a conceptual and historical point of view and gives a broad overview of the application of legal maxims in substantive law manuals as well as some other sub-genres.

Islamic Law and International Law

Author : Emilia Justyna Powell
Publisher : Oxford University Press, USA
ISBN 13 : 0190064633
Total Pages : 329 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Islamic Law and International Law by : Emilia Justyna Powell

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"--

Sharia Wa Minhaa-Jaa-Islamic Law

Author : Imam Yahya Shabazz
Publisher : Xlibris Corporation
ISBN 13 : 1514483912
Total Pages : 212 pages
Book Rating : 4.5/5 (144 download)

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Book Synopsis Sharia Wa Minhaa-Jaa-Islamic Law by : Imam Yahya Shabazz

Download or read book Sharia Wa Minhaa-Jaa-Islamic Law written by Imam Yahya Shabazz and published by Xlibris Corporation. This book was released on 2016-05-27 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, Sharia wa Minhaa-jaa-Islamic Law, was written for two reasons. Firstly, this book is to give the broader society a clear picture of Al Islam so they can see for themselves that all our faiths are the same. The Ten Commandments of biblical scripture is right in tune with what I read in the Holy Quran. Although our rituals may be different, our faith is one. Secondly, this book will clear up a lot of political controversy because it is based primarily on the Quran itself. Many politicians use sharia to put fear into the hearts of the people. This books removes any doubt that Al Islam is the religion of peace.

Islam and the Rule of Justice

Author : Lawrence Rosen
Publisher : University of Chicago Press
ISBN 13 : 022651174X
Total Pages : 293 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Islam and the Rule of Justice by : Lawrence Rosen

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.