Islamic Jurisprudence, Islamic Law, and Modernity

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Publisher : Lockwood Press
ISBN 13 : 1957454024
Total Pages : 433 pages
Book Rating : 4.9/5 (574 download)

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Book Synopsis Islamic Jurisprudence, Islamic Law, and Modernity by : Mohammad H. Fadel

Download or read book Islamic Jurisprudence, Islamic Law, and Modernity written by Mohammad H. Fadel and published by Lockwood Press. This book was released on 2023-08-01 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mohammad Fadel's scholarship on Islamic law and legal history ranges from medieval institutions and the history of Islamic legal interpretation to urgent problems relating to the modern reception and re-assessment of Islamic legal doctrine. Fadel's intellectual concerns focus primarily on the compatibility of the Islamic legal tradition with modern liberal political arrangements, but in his research and writing he also delves into the realm of premodern Islamic legal thought and institutions. His Rawlsian approach leads him to a political reading of the Islamic legal tradition, which he accomplishes by teasing out jurists' assumptions about politics, economics, and the domestic sphere. Fadel's readings of Islamic legal sources suggest that Islamic law remains relevant to a society in which legitimate disagreements over law and morality seem intractable. At the same time, from the Rawlsian perspective he adopts, Fadel reminds us that premodern Muslim jurists formulated Islamic law also under conditions of substantial controversy over matters of law and morality, as well as over questions of religion, politics, theology, and metaphysics. The studies gathered together in this volume adroitly illustrate Fadel's interest in Islamic law as a domain of Islamic political thought and as a framework that might be deployed in today's pluralistic and secularized societies.

Islamic Law and the Challenges of Modernity

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Publisher : Rowman Altamira
ISBN 13 : 9780759106710
Total Pages : 278 pages
Book Rating : 4.1/5 (67 download)

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Book Synopsis Islamic Law and the Challenges of Modernity by : Yvonne Yazbeck Haddad

Download or read book Islamic Law and the Challenges of Modernity written by Yvonne Yazbeck Haddad and published by Rowman Altamira. This book was released on 2004 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!

Islamic Jurisprudence in the Modern World

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Publisher :
ISBN 13 :
Total Pages : 386 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Islamic Jurisprudence in the Modern World by : Anwar Ahmad Qadri

Download or read book Islamic Jurisprudence in the Modern World written by Anwar Ahmad Qadri and published by . This book was released on 1963 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Modern Perspectives on Islamic Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857934473
Total Pages : 320 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Modern Perspectives on Islamic Law by : E. Ann Black

Download or read book Modern Perspectives on Islamic Law written by E. Ann Black and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Studies in Modern Islamic Law and Jurisprudence

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Publisher : BRILL
ISBN 13 : 9004480706
Total Pages : 236 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Studies in Modern Islamic Law and Jurisprudence by : Oussama Arabi

Download or read book Studies in Modern Islamic Law and Jurisprudence written by Oussama Arabi and published by BRILL. This book was released on 2021-10-05 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows 19th and 20th century Islamic Law as a dynamic process casting its net into the 21th century and shaping of major constitutional and legal developments in the Arab and Muslim worlds. The introduction and nine chapters of this volume provide insight into the ongoing transformation of the Shari'a into the law of a nation-state. The book contains studies on Marriage and Divorce, Contract Law in the new Civil Codes of Egypt, Iraq and Syria; the ideological springs of Muhammed 'Abduh's visionary program for the reconstruction of Shari'a, the place of Islamic law in the judicial doctrine and policy of the Egyptian State and Legal Capacity.

Islamic Jurisprudence in the Modern World

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Publisher :
ISBN 13 :
Total Pages : 576 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Islamic Jurisprudence in the Modern World by : Anwar Ahmad Qadri

Download or read book Islamic Jurisprudence in the Modern World written by Anwar Ahmad Qadri and published by . This book was released on 1997 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Islamic Law, Epistemology and Modernity

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Publisher : Routledge
ISBN 13 : 1135943559
Total Pages : 425 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Islamic Law, Epistemology and Modernity by : Ashk Dahlen

Download or read book Islamic Law, Epistemology and Modernity written by Ashk Dahlen and published by Routledge. This book was released on 2004-03-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.

A History of Islamic Law

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Publisher : AldineTransaction
ISBN 13 : 1412818559
Total Pages : 274 pages
Book Rating : 4.4/5 (128 download)

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Book Synopsis A History of Islamic Law by : N. J. Coulson

Download or read book A History of Islamic Law written by N. J. Coulson and published by AldineTransaction. This book was released on 2011 with total page 274 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.

Routledge Handbook of Islamic Law

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Publisher : Routledge
ISBN 13 : 1317622448
Total Pages : 450 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Routledge Handbook of Islamic Law by : Khaled Abou El Fadl

Download or read book Routledge Handbook of Islamic Law written by Khaled Abou El Fadl and published by Routledge. This book was released on 2019-05-10 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.

International Law and Islamic Law

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Publisher : Routledge
ISBN 13 : 1351562320
Total Pages : 993 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis International Law and Islamic Law by : MashoodA. Baderin

Download or read book International Law and Islamic Law written by MashoodA. Baderin and published by Routledge. This book was released on 2017-07-05 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.

Transformations of Tradition

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Publisher : Oxford University Press, USA
ISBN 13 : 0190077042
Total Pages : 265 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Transformations of Tradition by : Junaid Quadri

Download or read book Transformations of Tradition written by Junaid Quadri and published by Oxford University Press, USA. This book was released on 2021 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is a study of the Muslim world's entanglement with colonial modernity. More specifically, it is an historical examination of the development of the long-standing, indigenous tradition of learning and praxis known as Islamic law (shari°a, fiqh) as a result of its imbalanced interaction with new European modes of knowing during, and in the immediate aftermath of, the colonial experience. Drawing upon the writings of jurist-scholars from the òHanaf åischool of law writing in Cairo, Kazan, Lucknow, Baghdad and Istanbul, Transformations of Tradition reveals several central shifts in Islamic legal writing that throw into doubt the possibility of reading its later trajectory through the lens of a continuous "tradition." By focusing especially on the work of Muòhammad Bakhåit al-Muòtåi°åi, Mufti of Egypt for a time and a leading scholar at the Azhar, Transformations shows that the colonial moment of the late nineteenth and early twentieth centuries marked a significant rupture in how Muslim jurists understood history and authority, science and technology, and religion and the secular, thereby upending the very ground upon which Islamic law had until then functioned"--

A History of Islamic Legal Theories

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Publisher : Cambridge University Press
ISBN 13 : 9780521599863
Total Pages : 308 pages
Book Rating : 4.5/5 (998 download)

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Book Synopsis A History of Islamic Legal Theories by : Wael B. Hallaq

Download or read book A History of Islamic Legal Theories written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 1997 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.

Islamic Law in Modern Courts

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Publisher : Aspen Publishing
ISBN 13 : 1454898445
Total Pages : 929 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Islamic Law in Modern Courts by : Haider Ala Hamoudi

Download or read book Islamic Law in Modern Courts written by Haider Ala Hamoudi and published by Aspen Publishing. This book was released on 2018-02-28 with total page 929 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic Law in Modern Courts provides an easily accessible introduction to Islamic law written specifically for law students and legal professionals, and designed to be taught not only by Islamic law specialists, but also by those working in related fields such as law and religion or comparative legal systems. Framed as a casebook, the text uses translations of judicial decisions involving real-world legal disputes to present a picture of Islamic law as it is actually applied in the contemporary world. The casebook draws on material from a variety of countries but focuses primarily on two jurisdictions. Cases from Indonesia exemplify the law of the majority Sunni branch of Islam, while cases from Iraq reflect the influence of both Sunni and Shi’a law. The casebook begins with a brief introduction to the religion of Islam and the sources, methods, and historical development of Islamic law. Four substantive law chapters cover the main subjects over which Islamic law continues to exert significant influence. These include inheritance law, the law of marriage and divorce, Islamic finance and charitable foundations, and Islamic criminal law. A final chapter examines constitutional adjudication of issues related to Islamic law. Key Features: Examines Islamic law as state law that is enforced by national courts but with roots in and ongoing connections with the rich classical tradition. Designed for use by both experts in Islamic law as well as faculty who have an interest in Islamic law but lack extensive background in the subject. Cases are accompanied by commentary that explains and situates the doctrine applied in the decision and suggests questions for classroom discussion. The five substantive law chapters are self-contained units that permit instructors to design a course that focuses on subject areas of particular interest.

State Law as Islamic Law in Modern Egypt

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Publisher : BRILL
ISBN 13 : 9047404726
Total Pages : 319 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis State Law as Islamic Law in Modern Egypt by : Clark Lombardi

Download or read book State Law as Islamic Law in Modern Egypt written by Clark Lombardi and published by BRILL. This book was released on 2006-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the recent decision by Egypt to constitutionalize sharīʿa and analyzes the Egyptian judiciary’s attempts to argue that sharī‘a is consistent with human rights. It will interest anyone studying Islamic law, constitutional thought in the Middle East, or Islam and human rights.

Islamic Jurisprudence

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Publisher : Springer
ISBN 13 : 1349194565
Total Pages : 225 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis Islamic Jurisprudence by : C.G. Weeramantry

Download or read book Islamic Jurisprudence written by C.G. Weeramantry and published by Springer. This book was released on 1988-09-19 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic jurisprudence is a much misunderstood system. The misunderstanding is due to lack of information and to centuries of prejudice. This book seeks to present information, not at present available in a single work, on the pioneering efforts of Islamic jurists to develop a comprehensive body of human rights, principles and practice, as well as a corpus of international law principles. The attempt to develop such international law principles long anticipated any similar work in other legal or cultural systems. Human rights doctrine based upon the Qu'ran and the Sunna of the Prophet was expressed in terms which will strike the reader as surprisingly modern. In international law, Islamic treatises anticipated the work of Grotius by eight centuries. It is hoped that this systematic exposition, not attempted before in such detail, will help considerably in reducing misunderstanding and the resulting tensions, as well as being of considerable value to the Islamic world. The work will be of interest not only to lawyers, but also to philosophers, historians, sociologists, political scientists and students of international affairs.

Islamic Natural Law Theories

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Publisher : Oxford University Press
ISBN 13 : 0199579008
Total Pages : 238 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Islamic Natural Law Theories by : Anver M. Emon

Download or read book Islamic Natural Law Theories written by Anver M. Emon and published by Oxford University Press. This book was released on 2010-04-08 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.

Shari’a

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Publisher : Stanford University Press
ISBN 13 : 9780804756396
Total Pages : 272 pages
Book Rating : 4.7/5 (563 download)

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Book Synopsis Shari’a by : Abbas Amanat

Download or read book Shari’a written by Abbas Amanat and published by Stanford University Press. This book was released on 2007-09-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey and analysis of what Shari’a, or Islamic law, means for Muslims today.