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Islamic Law And The State
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Book Synopsis Islamic Law and the State by : Sherman A. Jackson
Download or read book Islamic Law and the State written by Sherman A. Jackson and published by BRILL. This book was released on 1996-01-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: A discussion of the constitutional jurisprudence of an important Egyptian jurist of the M lik school, Shih b al-D n al-Qar f .
Book Synopsis The Politics of Islamic Law by : Iza R. Hussin
Download or read book The Politics of Islamic Law written by Iza R. Hussin and published by University of Chicago Press. This book was released on 2016-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Book Synopsis Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel by : Ahmad Natour
Download or read book Promoting Women’s Rights in Islamic Law in a Non-Muslim State – Israel written by Ahmad Natour and published by Rowman & Littlefield. This book was released on 2021-04-07 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
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.
Book Synopsis Recasting Islamic Law by : Rachel M. Scott
Download or read book Recasting Islamic Law written by Rachel M. Scott and published by Cornell University Press. This book was released on 2021-03-15 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.
Book Synopsis The Concept of State and Law in Islam by : Farooq Hassan
Download or read book The Concept of State and Law in Islam written by Farooq Hassan and published by . This book was released on 1981 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely work which highlights the far-reaching implications of the creation of Islamic States for both Muslims and the international community.
Book Synopsis Islamic Law and Civil Code by : Richard A. Debs
Download or read book Islamic Law and Civil Code written by Richard A. Debs and published by Columbia University Press. This book was released on 2010-07-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
Book Synopsis Everyday Islamic Law and the Making of Modern South Asia by : Elizabeth Lhost
Download or read book Everyday Islamic Law and the Making of Modern South Asia written by Elizabeth Lhost and published by UNC Press Books. This book was released on 2022-05-10 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.
Book Synopsis Islam and the Secular State by : Abdullahi Ahmed An-Na'im
Download or read book Islam and the Secular State written by Abdullahi Ahmed An-Na'im and published by Harvard University Press. This book was released on 2010-03-30 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.
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"--
Book Synopsis Islamic State as a Legal Order by : Federico Lorenzo Ramaioli
Download or read book Islamic State as a Legal Order written by Federico Lorenzo Ramaioli and published by Routledge. This book was released on 2022-04-04 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.
Book Synopsis Human Rights Commitments of Islamic States by : Paul McDonough
Download or read book Human Rights Commitments of Islamic States written by Paul McDonough and published by Bloomsbury Publishing. This book was released on 2021-01-07 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.
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.
Download or read book Islamic Law written by Hunt Janin and published by McFarland. This book was released on 2007-03-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sharia is a set of traditional laws that define a Muslim's obligations to God and his fellow human beings. Westerners often misunderstand the nature of the sharia, born as it is of a complicated legal and academic tradition that may not always seem relevant to today's world. Written for those unfamiliar with Islam, this volume provides an accurate and objective assessment of the sharia's achievements, shortcomings and future prospects. It explores the fundamentals of Islam and traditional sharia laws. In addition, the sharia is discussed with respect to Ottoman law, puritanism and jihad. The sharia's relevance to today's world events is also explored. Among items provided in appendices are a commentary on a Western translation of the concept of jihad and an analysis of the sharia in 29 selected countries.
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.
Book Synopsis The Fall and Rise of the Islamic State by : Noah Feldman
Download or read book The Fall and Rise of the Islamic State written by Noah Feldman and published by Princeton University Press. This book was released on 2009-01-10 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps no other Western writer has more deeply probed the bitter struggle in the Muslim world between the forces of religion and law and those of violence and lawlessness as Noah Feldman. His scholarship has defined the stakes in the Middle East today. Now, in this incisive book, Feldman tells the story behind the increasingly popular call for the establishment of the shari'a--the law of the traditional Islamic state--in the modern Muslim world. Western powers call it a threat to democracy. Islamist movements are winning elections on it. Terrorists use it to justify their crimes. What, then, is the shari'a? Given the severity of some of its provisions, why is it popular among Muslims? Can the Islamic state succeed--should it? Feldman reveals how the classical Islamic constitution governed through and was legitimated by law. He shows how executive power was balanced by the scholars who interpreted and administered the shari'a, and how this balance of power was finally destroyed by the tragically incomplete reforms of the modern era. The result has been the unchecked executive dominance that now distorts politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims, but only if new institutions emerge that restore this constitutional balance of power. The Fall and Rise of the Islamic State gives us the sweeping history of the traditional Islamic constitution--its noble beginnings, its downfall, and the renewed promise it could hold for Muslims and Westerners alike.
Book Synopsis Islam, Law and the Modern State by : Arif A. Jamal
Download or read book Islam, Law and the Modern State written by Arif A. Jamal and published by Routledge. This book was released on 2018-03-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
