Fatwa And The Making And Renewal Of Islamic Law

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Fatwa and the Making and Renewal of Islamic Law

Author : Omer Awass
Publisher :
ISBN 13 : 9781009260879
Total Pages : 0 pages
Book Rating : 4.2/5 (68 download)

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Book Synopsis Fatwa and the Making and Renewal of Islamic Law by : Omer Awass

Download or read book Fatwa and the Making and Renewal of Islamic Law written by Omer Awass and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Omer Awass examines the formation, history, and transformation of the Islamic legal discourse and institutions through the lens of a particular legal practice: the issuance of fatwas (legal opinions). Tracing the growth of Islamic law over a vast geographical expanse -from Andalusia to India - and a long temporal span - from the 7th to the 21st century, he conceptualizes fatwas as the 'atomic units' of Islamic law. Awass argues that they have been a crucial element in the establishment of an Islamic legal tradition. He also provides numerous case studies that touch on economic, social, political, and religious topics. Written in an accessible style, this volume is the first to offer a comprehensive investigation of fatwas within such a broad spatio-temporal scope. It demonstrates how instrumental fatwas have been to the formation of Islamic legal traditions and institutions, as well as their unique forms of reasoning.

Fatwa and the Making and Renewal of Islamic Law

Author : Omer Awass
Publisher : Cambridge University Press
ISBN 13 : 1009260901
Total Pages : 307 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Fatwa and the Making and Renewal of Islamic Law by : Omer Awass

Download or read book Fatwa and the Making and Renewal of Islamic Law written by Omer Awass and published by Cambridge University Press. This book was released on 2023-05-31 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines different persons, periods, places, and principles to weave a narrative about a practice that spawned a legal tradition.

The Fatwa as an Islamic Legal Instrument

Author : Carool Kersten
Publisher :
ISBN 13 : 9783959940207
Total Pages : 0 pages
Book Rating : 4.9/5 (42 download)

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Book Synopsis The Fatwa as an Islamic Legal Instrument by : Carool Kersten

Download or read book The Fatwa as an Islamic Legal Instrument written by Carool Kersten and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most misunderstood aspects of Islamic legal practice and thought is the role and position of fatwas or legal opinions. This three-volume reference work offers a comprehensive overview of and detailed insights into: -the concept of the fatwa as a vehicle of legal opinion-making in Islam -its historical role in different parts of the Muslim world -and contemporary debates reflecting both the fatwa's enduring relevance and its ongoing contestation among Muslims today.

Ifta' and Fatwa in the Muslim World and the West

Author : Zulfiqar Ali Shah
Publisher : IIIT
ISBN 13 : 1565644832
Total Pages : 204 pages
Book Rating : 4.5/5 (656 download)

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Book Synopsis Ifta' and Fatwa in the Muslim World and the West by : Zulfiqar Ali Shah

Download or read book Ifta' and Fatwa in the Muslim World and the West written by Zulfiqar Ali Shah and published by IIIT. This book was released on 2014 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the formative classical period of Islamic jurisprudence, wellknown scholars possessed not only the intellectual skills required for analytic reasoning, but also a broad general knowledge of the fi elds relevant to the cultural contexts in which they issued their edicts. A viable fatwa requires knowledge of the Shari‘ah as well as local customs, cultural realities, individual and communal implications, and related matters. The original juristic tradition was formulated and fi xed during the fi rst three Islamic centuries, a time of widespread sociopolitical turmoil. Of course, the jurists’ legal outlooks and thinking processes could not have escaped this reality. While Muslims of the prophetic and rāshidūn periods adhered closely to the authentic texts due to their sincerity, piety, prophetic training, and proximity to the revelation, the changing environment in which their descendants functioned gradually started to impact how the authentic texts were understood, interpreted, paraphrased, and implemented. Both the Muslim and the non-Muslim worlds have drastically changed since that time. The new geopolitical and scientifi c realities of our rapidly changing world demand a fresh look at some aspects of the established juristic tradition. The way forward involves a systematic fresh look at and reevaluation of the old fatwas, as well as the issuance of new ones with a maqāsidī outlook that can deal successfully with today’s ever-changing global realities. In this edited volume, papers on fatwa and iftā’ point to an approach that is both rooted in the Islamic legacy and committed to meeting the challenges of the modern world.

The Renewal of Islamic Law: Islamic law and the constitution

Author : Šiblī Mallāṭ
Publisher :
ISBN 13 : 9780521433198
Total Pages : 245 pages
Book Rating : 4.4/5 (331 download)

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Book Synopsis The Renewal of Islamic Law: Islamic law and the constitution by : Šiblī Mallāṭ

Download or read book The Renewal of Islamic Law: Islamic law and the constitution written by Šiblī Mallāṭ and published by . This book was released on 1993 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Islamic Legal Interpretation

Author : Muhammad Khalid Masud
Publisher : Oxford University Press, USA
ISBN 13 : 9780195979114
Total Pages : 450 pages
Book Rating : 4.9/5 (791 download)

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Book Synopsis Islamic Legal Interpretation by : Muhammad Khalid Masud

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.

The Fatwa as an Islamic Legal Instrument

Author : Carool Kersten
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (16 download)

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Book Synopsis The Fatwa as an Islamic Legal Instrument by : Carool Kersten

Download or read book The Fatwa as an Islamic Legal Instrument written by Carool Kersten and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Cambridge Companion to Comparative Law

Author : Mauro Bussani
Publisher : Cambridge University Press
ISBN 13 : 0521895707
Total Pages : 423 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The Cambridge Companion to Comparative Law by : Mauro Bussani

Download or read book The Cambridge Companion to Comparative Law written by Mauro Bussani and published by Cambridge University Press. This book was released on 2012-08-16 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.

The Law Applied

Author : Peri Bearman
Publisher : I.B. Tauris
ISBN 13 :
Total Pages : 464 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Law Applied by : Peri Bearman

Download or read book The Law Applied written by Peri Bearman and published by I.B. Tauris. This book was released on 2008-01-30 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sea change has taken place in Islamic legal studies. This book both reflects and contributes to that change. Traditionally, scholars in this field have tended to focus on law as a body of rules and doctrines, as 'fiqh'. This volume is more interested in how the law has been applied to concrete situations. It looks at judicial decision-making, legal responses (fatwas), customary practices, the actions of public inspectors, cultural contexts, and theological discourses as well as modern legal reform and constitutional development. Reflecting the interests of a new academic generation, "The Law Applied" offers an ambitious and textured account of how Islamic law works in practice in the social life of the contemporary world.

Islamic Law

Author : Robert Gleave
Publisher : I.B. Tauris
ISBN 13 : 9781860646522
Total Pages : 256 pages
Book Rating : 4.6/5 (465 download)

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Book Synopsis Islamic Law by : Robert Gleave

Download or read book Islamic Law written by Robert Gleave and published by I.B. Tauris. This book was released on 2001-02-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text deals with the theory and practice of Islamic law in both the formative classic and modern periods and over a range of societies. It is divided into four sections dealing with: legal theory; fatwas and muftis in classical Islamic law; the position of religious minorities under Islamic law, and modern developents in Islamic law. In addition to exploring the tension between theory and practice, the book focuses on the role of ijtihad in both Sunni and Shi'i fiqh and in collections of fatwa, and looks at the relationship between judicial practice and positive law.

Ijtihad and Renewal

Author : Said Shabbar
Publisher : International Institute of Islamic Thought (IIIT)
ISBN 13 : 1565649753
Total Pages : 158 pages
Book Rating : 4.5/5 (656 download)

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Book Synopsis Ijtihad and Renewal by : Said Shabbar

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.

Islamic Law

Author : Ṣādiq Ḥusaynī Shīrāzī
Publisher :
ISBN 13 : 9781903323403
Total Pages : 938 pages
Book Rating : 4.3/5 (234 download)

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Book Synopsis Islamic Law by : Ṣādiq Ḥusaynī Shīrāzī

Download or read book Islamic Law written by Ṣādiq Ḥusaynī Shīrāzī and published by . This book was released on 2013 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Emergence of Islam in Late Antiquity

Author : Aziz Al-Azmeh
Publisher : Cambridge University Press
ISBN 13 : 110772936X
Total Pages : 672 pages
Book Rating : 4.1/5 (77 download)

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Book Synopsis The Emergence of Islam in Late Antiquity by : Aziz Al-Azmeh

Download or read book The Emergence of Islam in Late Antiquity written by Aziz Al-Azmeh and published by Cambridge University Press. This book was released on 2014-03-06 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on epigraphic and other material evidence as well as more traditional literary sources and critical review of the extensive relevant scholarship, this book presents a comprehensive and innovative reconstruction of the rise of Islam as a religion and imperial polity. It reassesses the development of the imperial monotheism of the New Rome, and considers the history of the Arabs as an integral part of Late Antiquity, including Arab ethnogenesis and the emergence of what was to become Muslim monotheism, comparable with the emergence of other monotheisms from polytheistic systems. Topics discussed include the emergence and development of the Muhammadan polity and its new cultic deity and associated ritual, the constitution of the Muslim canon, and the development of early Islam as an imperial religion. Intended principally for scholars of Late Antiquity, Islamic studies and the history of religions, the book opens up many novel directions for future research.

Land, Law and Islam

Author : Hilary Lim
Publisher : Zed Books Ltd.
ISBN 13 : 1848137206
Total Pages : 270 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 270 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 :
Publisher : BRILL
ISBN 13 : 9004417346
Total Pages : 237 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Migration and Islamic Ethics by :

Download or read book Migration and Islamic Ethics written by and published by BRILL. This book was released on 2019-11-11 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migration and Islamic Ethics, Issues of Residence, Naturalization and Citizenship addresses how Islamic ethical and legal traditions can contribute to current global debates on migration and displacement; how Islamic ethics of muʾakha, ḍiyāfa, ijāra, amān, jiwār, sutra, kafāla, among others, may provide common ethical grounds for a new paradigm of social and political virtues applicable to all humanity, not only Muslims. The present volume more broadly defines the Islamic tradition to cover not only theology but also to encompass ethics, customs and social norms, as well as modern political, humanitarian and rights discourses. The first section addresses theorizations and conceptualizations using contemporary Islamic examples, mainly in the treatment of asylum-seekers and refugees; the second, contains empirical analyses of contemporary case studies; the third provides historical accounts of Muslim migratory experiences. Contributors are: Abbas Barzegar, Abdul Jaleel, Dina Taha, Khalid Abou El Fadl, Mettursun Beydulla, Radhika Kanchana, Ray Jureidini, Rebecca Gould, Said Fares Hassan, Sari Hanafi, Tahir Zaman.

Ibn Ashur

Author : Muhammad Al-Tahir Ibn Ashur
Publisher : IIIT
ISBN 13 : 1565644220
Total Pages : 489 pages
Book Rating : 4.5/5 (656 download)

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Book Synopsis Ibn Ashur by : Muhammad Al-Tahir Ibn Ashur

Download or read book Ibn Ashur written by Muhammad Al-Tahir Ibn Ashur and published by IIIT. This book was released on 2006 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shaikh Muhammad al-Tahir ibn Ashur is the most renowned Zaytuna Imam and one of the great Islamic scholars of the 20th century. The publication of this translation of Shaikh Ibn Ashur’s Treatise on Maqasid al-Shari’ah is a breakthrough in studies on Islamic law in the English language. In this book, Ibn Ashur proposed Maqasid as a methodology for the renewal of the theory of Islamic law, which has not undergone any serious development since the era of the great imams. Ibn Ashur – quite courageously – also addressed the sensitive topic of the intents/Maqasid of Prophet Muhammad (SAAS) behind his actions and decisions. He introduced criteria to differentiate between the Prophetic traditions that were meant to be part of Islamic law and the Prophetic actions/ sayings that were meant to be for the sake of specific purposes such as political leadership, court judgment, friendly advice, and conflict resolution. But Ibn Ashur’s most significant contribution in this book has been the development of new Maqasid by coining new, contemporary, terminology that were never formulated in traditional usul al-fiqh. For example, Ibn Ashur developed the theory of the ‘preservation of lineage’ into ‘the preservation of the family system’, the ‘protection of true belief’ into ‘freedom of beliefs’, etc. He also introduced the concepts of ‘orderliness’, ‘natural disposition’, ‘freedom’, ‘rights’, ‘civility’, and ‘equality’ as Maqasid in their own right, and upon which the whole Islamic law is based. This development opens great opportunities for Islamic law to address current and real challenges for Muslim societies and Muslim minorities.

Advancing the Legal Status of Women in Islamic Law

Author : Mona Samadi
Publisher : BRILL
ISBN 13 : 9004446958
Total Pages : 234 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Advancing the Legal Status of Women in Islamic Law by : Mona Samadi

Download or read book Advancing the Legal Status of Women in Islamic Law written by Mona Samadi and published by BRILL. This book was released on 2021-05-25 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.