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Maslaha And The Purpose Of The Law
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Book Synopsis Maṣlaḥah and the Purpose of the Law by : Felicitas Meta Maria Opwis
Download or read book Maṣlaḥah and the Purpose of the Law written by Felicitas Meta Maria Opwis and published by BRILL. This book was released on 2010 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing pre-modern writings on Islamic legal theory, this book comprehensively presents the transformation of the concept of ma la a as a vehicle of legal change from a minor legal principle to being understood as the all-encompassing purpose of God s law.
Book Synopsis Maṣlaḥa and the Purpose of the Law by : Felicitas Opwis
Download or read book Maṣlaḥa and the Purpose of the Law written by Felicitas Opwis and published by BRILL. This book was released on 2010-05-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on writings of legal theory by leading jurisprudents from al-Jaṣṣāṣ (d. 370/980) to al-Shāṭibī (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maṣlaḥa (people’s well-being) as a method of extending and adapting God’s law, showing how it evolves from an obscure legal principle to being interpreted as the all-encompassing purpose of God’s law. Discussions on maṣlaḥa’s epistemology, its role in the law-finding process, the limits of human investigation into divinecommands, and the delineation of the sphere of religious law in Muslim society highlight the interplay between law, theology, logic, and politics that make maṣlaḥa a viable vehicle of legal change up to the present.
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.
Book Synopsis Reason, Revelation and Law in Islamic and Western Theory and History by : R. Charles Weller
Download or read book Reason, Revelation and Law in Islamic and Western Theory and History written by R. Charles Weller and published by Springer Nature. This book was released on 2021-02-24 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages the diverse meanings and interpretations of Islamic and Western law which have affected people and societies across the globe, past and present, in correlation to the epistemological groundings of those meanings and interpretations. The volume takes a distinctively comparative approach, advancing dialogue on crucial transnational and global debates over the history of Western and Islamic approaches to law, politics and society and their relevance for today. It discusses how fundamental concepts are understood and even translated from one historical or political context or one semantic domain to another. The book provides focused studies of key figures and theories in a manageable, accessible format useful for specialized academic courses and research as well as general audiences.
Book Synopsis Locating the Sharīʿa by : Sohaira Siddiqui
Download or read book Locating the Sharīʿa written by Sohaira Siddiqui and published by BRILL. This book was released on 2018-02-04 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century. Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
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 636 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.
Book Synopsis Modern Islamic Thought in a Radical Age by : Muhammad Qasim Zaman
Download or read book Modern Islamic Thought in a Radical Age written by Muhammad Qasim Zaman and published by Cambridge University Press. This book was released on 2012-10-15 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among traditionally educated scholars in the Islamic world there is much disagreement on the crises that afflict modern Muslim societies and how best to deal with them, and the debates have grown more urgent since 9/11. Through an analysis of the work of Muhammad Rashid Rida and Yusuf al-Qaradawi in the Arab Middle East and a number of scholars belonging to the Deobandi orientation in colonial and contemporary South Asia, this book examines some of the most important issues facing the Muslim world since the late nineteenth century. These include the challenges to the binding claims of a long-established scholarly consensus, evolving conceptions of the common good, and discourses on religious education, the legal rights of women, social and economic justice and violence and terrorism. This wide-ranging study by a leading scholar provides the depth and the comparative perspective necessary for an understanding of the ferment that characterizes contemporary Islam.
Book Synopsis An Islamic Reformation? by : Michaelle Browers
Download or read book An Islamic Reformation? written by Michaelle Browers and published by Lexington Books. This book was released on 2004 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades we have seen a vast number of books published in the West that treat Islamic fundamentalism as a rising threat to the western values of secularism and democracy. In the last decade scholars began proclaiming an existent or emerging "clash" between East and West, Islam and Christianity, or in the case of Benjamin R. Barber, "Jihad and "McWorld." More recently, some western scholars have offered another interpretation. Focusing on the work of contemporary Muslim intellectuals, these scholars have begun to argue that what we are witnessing, in Islamic contexts, is tantamount to a Reformation. An Islamic Reformation attempts to evaluate this claim through the work of emerging and top scholars in the fields of political science, philosophy, anthropology, religion, history and Middle Eastern studies. The overall goal of this volume is to question the impact of various reformist trends throughout the Middle East. Are we witnessing a growth in fundamentalism or the emergence of an Islamic Reformation? What does religious practice in this region reflect? What is the usefulness of approaching these questions through Christian/Islamic and West/East dichotomies? Unique in its focus and scope, An Islamic Reformation represents an emerging vanguard in the discussion of Islamic religious heritage and practice and its effect on world politics.
Book Synopsis Maqasid al-Shari’a and Contemporary Reformist Muslim Thought by : A. Duderija
Download or read book Maqasid al-Shari’a and Contemporary Reformist Muslim Thought written by A. Duderija and published by Springer. This book was released on 2014-09-04 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the first study which comprehensively, systematically and critically examines the role and usefulness of the concept of Maqasid al-Shari'a (higher Objectives of Islamic Law) in contemporary Muslim reformist thought in relation to number of specific issues pertaining to Islamic legal philosophy, law, ethics and the socio-political sphere.
Book Synopsis Truth and Transitional Justice by : Alice Panepinto
Download or read book Truth and Transitional Justice written by Alice Panepinto and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.
Book Synopsis Rethinking Islamic Legal Modernism by : Ron Shaham
Download or read book Rethinking Islamic Legal Modernism written by Ron Shaham and published by BRILL. This book was released on 2018-07-10 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rethinking Islamic Legal Modernism Ron Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida. By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state.
Book Synopsis Rediscovery and Revival in Islamic Environmental Law by : Samira Idllalène
Download or read book Rediscovery and Revival in Islamic Environmental Law written by Samira Idllalène and published by Cambridge University Press. This book was released on 2021-04-01 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The common ground between religions could be fruitfully promoted in order to call for an effective protection of the climate system. Positioned at a junction of different worlds, this book is a multidisciplinary work on Islamic law, common law and environmental law. Looking at the past, present and future, the author suggests a paradigm shift starting from the common ground in order to propose a better future for environmental law in Muslim countries. As the first book to compare Shari'a and common law in field of environmental protection, it suggests a new path in comparative environmental law by recognizing the contributions of both history and spirituality.
Book Synopsis The Imperatives of Progressive Islam by : Adis Duderija
Download or read book The Imperatives of Progressive Islam written by Adis Duderija and published by Taylor & Francis. This book was released on 2017-02-03 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Title -- Copyright -- Dedication -- Contents -- Note on transliteration -- Foreword -- Introduction: broader contextualisation of progressive Islam -- 1 The poiesis imperative -- 2 The epistemological imperative -- 3 The religious pluralism imperative -- 4 The Islamic liberation theology imperative -- 5 The human rights imperative -- 6 The ethical imperative in Islamic jurisprudence/law -- 7 The gender-justice imperative -- 8 The imperative of non-patriarchal Islamic hermeneutics -- Conclusion: the future of progressive Islam -- Select Bibliography -- Index
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 Ayyubid Metalwork With Christian Images by : Eva Baer
Download or read book Ayyubid Metalwork With Christian Images written by Eva Baer and published by BRILL. This book was released on 1989 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2014-05-15 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an examination of natural law doctrine, rooted in the classical writings of our respective three traditions: Jewish, Christian, and Islamic. Each of the authors provides an extensive essay reflecting on natural law doctrine in his tradition. Each of the authors also provides a thoughtful response to the essays of the other two authors. Readers will gain a sense for how natural law (or cognate terms) resonated with classical thinkers such as Maimonides, Origen, Augustine, al-Ghazali and numerous others. Readers will also be instructed in how the authors think that these sources can be mined for constructive reflection on natural law today. A key theme in each essay is how the particularity of the respective religious tradition is squared with the evident universality of natural law claims. The authors also explore how natural law doctrine functions in particular traditions for reflection upon the religious other.
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 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.