MODERN CHALLENGES AND THE GENERAL PHILOSOPHY OF ISLAMIC LAW.

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ISBN 13 : 9781912821259
Total Pages : pages
Book Rating : 4.8/5 (212 download)

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Book Synopsis MODERN CHALLENGES AND THE GENERAL PHILOSOPHY OF ISLAMIC LAW. by : DR SULAIMAN. RIFAI

Download or read book MODERN CHALLENGES AND THE GENERAL PHILOSOPHY OF ISLAMIC LAW. written by DR SULAIMAN. RIFAI and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Modernity and the General Philosophy of

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781725963276
Total Pages : 450 pages
Book Rating : 4.9/5 (632 download)

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Book Synopsis Modernity and the General Philosophy of by : Sulaiman Rifai

Download or read book Modernity and the General Philosophy of written by Sulaiman Rifai and published by Createspace Independent Publishing Platform. This book was released on 2018-08-20 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does Islamic law respond to social changes? This has been one of the challenging questions in Islamic legal history. Muslim legal theorists have been debating this since the formative period of the Islamic legal thought. The sources of Islamic law are limited in certain scriptural texts, historical legal precedents and supplementary legal sources. Yet, human challenges and problems are unlimited. So, how do limited numbers of divine texts and prophetic traditions provide viable solutions for ever-increasing problems of the Muslim community in this modern digital world? This book explores the intriguing relationship between social and legal changes in Islamic law. Modern technological and digital revolutions have brought about unprecedented social changes in all walks of human life. Classical Muslim jurists devised the doctrines of the general philosophy of Islamic law to relate Islamic law to changing social realities of their historical contexts. Classical legal theorists created many legal principles, theories and concepts to demonstrate the flexible and adaptable nature of Islamic law to different social conditions. Yet, classical Islamic legal thoughts are not always viable and applicable to modern social conditions. For this reason, many modern Muslim scholars argue that the legal reform is very much important today to meet the challenges of modern time. Muslim scholars seek solutions for the problems of the Muslim community in the historical precedents of past the Muslim intellectual heritage without appreciating all these modern changes. Many of them are experts on Islamic studies and yet, they find it difficult to relate what they learn to the modern social condition of this complicated world. The science of the general philosophy of Islamic law provides some dynamic mechanisms to relate Islamic teaching to modern social conditions without distorting or twisting the pure teaching of the divine message. It bridges the gap between the historical legacies of the Islamic past and the scientific development of the modern world. It relates the past legacy of Islamic heritage with the present-day realities of the modern world. It directs Muslim jurists to understand modern social conditions in a holistic approach considering both the literal and contextual meaning of the text. Therefore, many others argue that the science of the legal philosophy of Islamic law can be developed as a dynamic research methodology and developmental policy strategy. This book explores the classical and modern ideas of the general philosophy of Islamic law to understand the dynamic nature of Islamic law to adapt to the modern social conditions. This book emphasises the importance of understanding texts, context and social realities. When we apply the divine texts into modern context we should time and space factors. Moreover, the social realities of modern societies otherwise, the application of divine texts will not be always viable in this modern world. The literal school of Islamic legal thought does not take these factors into consideration when they try to apply the divine texts to modern conditions. The challenges of modernity are immense in all field of human sciences. We see a lot of changes in politics, geopolitics, finance, business sections and many other fields of education and human sciences. It is expected that the digital technology and artificial intelligence will bring dramatic changes into human life by 2040. The Muslim world must make some legal changes to meet the challenges of the social changes. The basic argument of this book is that some aspects of classical legal thoughts are viable today in our modern context and legal changes are unavoidable. The book explores different areas of modern development in human sciences to highlight the importance of legal changes in accordance with social changes and it explores the adaptable nature of Islamic law to all places and in ages without distorting the essence.

Modernity and the General Philosophy of Islamic Law.

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Publisher : Independently Published
ISBN 13 :
Total Pages : 184 pages
Book Rating : 4.5/5 (865 download)

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Book Synopsis Modernity and the General Philosophy of Islamic Law. by : S L M Rifai

Download or read book Modernity and the General Philosophy of Islamic Law. written by S L M Rifai and published by Independently Published. This book was released on 2019-09-12 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social changes demand the legal changes in Islamic law: Some theoretical and pragmatic arguments by DR SLM RIFAIHow does Islamic law respond to social changes? This has been one of the challenging questions in Islamic legal history. Muslim legal theorists have been debating this since the formative period of the Islamic legal thought. The sources of Islamic law are limited in certain scriptural texts, historical legal precedents and supplementary legal sources. Yet, human challenges and problems are unlimited. So, how do limited numbers of divine texts and prophetic traditions provide viable solutions for ever-increasing problems of the Muslim community in this modern digital world? This book explores the intriguing relationship between social and legal changes in Islamic law. Modern technological and digital revolutions have brought about unprecedented social changes in all walks of human life. Classical Muslim jurists devised the doctrines of the general philosophy of Islamic law to relate Islamic law to changing social realities of their historical contexts. Classical legal theorists created many legal principles, theories and concepts to demonstrate the flexible and adaptable nature of Islamic law to different social conditions. Yet, classical Islamic legal thoughts are not always viable and applicable to modern social conditions. For this reason, many modern Muslim scholars argue that the legal reform is very much important today to meet the challenges of modern time. Muslim scholars seek solutions for the problems of the Muslim community in the historical precedents of past the Muslim intellectual heritage without appreciating all these modern changes. Many of them are experts on Islamic studies and yet, they find it difficult to relate what they learn to the modern social condition of this complicated world. The science of the general philosophy of Islamic law provides some dynamic mechanisms to relate Islamic teaching to modern social conditions without distorting or twisting the pure teaching of the divine message. It bridges the gap between the historical legacies of the Islamic past and the scientific development of the modern world. It relates the past legacy of Islamic heritage with the present-day realities of the modern world. It directs Muslim jurists to understand modern social conditions in a holistic approach considering both the literal and contextual meaning of the text. Therefore, many others argue that the science of the legal philosophy of Islamic law can be developed as a dynamic research methodology and developmental policy strategy. This book explores the classical and modern ideas of the general philosophy of Islamic law to understand the dynamic nature of Islamic law to adapt to the modern social conditions. This thesis emphasises the importance of understanding texts, context and social realities. When we apply the divine texts into modern context, we should take the time and space factors into account. Moreover, the social realities of modern societies otherwise, the application of divine texts will not be always viable in this modern world. The literal school of Islamic legal thought does not take these factors into consideration when they try to apply the divine texts to modern conditions. The challenges of modernity are immense in all field of human sciences. We see a lot of changes in politics, geopolitics, finance, business sections and many other fields of education and human sciences. It is expected that the digital technology and artificial intelligence will bring dramatic changes into human life by 2040. The Muslim world must make some legal changes to meet the challenges of the social changes. The basic argument of this paper is that some aspects of classical legal thoughts are viable today in our modern context and legal changes are unavoidable. This study explores different areas of modern development in human sciences to highlight the importance of legal changes.

Modern Perspectives on Islamic Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857934473
Total Pages : 319 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 319 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.

Islamic Law and Contemporary Issues

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Publisher :
ISBN 13 : 9781410225542
Total Pages : 48 pages
Book Rating : 4.2/5 (255 download)

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Book Synopsis Islamic Law and Contemporary Issues by : Ahmad Zaki Yamani

Download or read book Islamic Law and Contemporary Issues written by Ahmad Zaki Yamani and published by . This book was released on 2006-03-01 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Islamic Shari'a as a phrase has two scope of meanings. Generally and widely construed it denotes everything that has been written by Moslem jurists throughout the centuries, whether it dealt with contemporaneous issues of the time or in anticipation of future ones. The jurist derived their principles from the Qur'an and the Sunna (way of action and the opinions of the Prophet), and from the other sources of Shari'a such as Ijma', (the consensus of the community represented by its scholars and learned men), and public interest considerations. The Shari'a looked upon in this wide scope constitute a huge Juristic tradition the value of which depends on the individual jurist himself, his era, or even the particular problem confronting him. As such the system has a tremendous scholastic value to the Moslem, however, it has no binding authority; since within it one might find different, and sometimes contradictory principles resolving the same issues, depending on the Juristic school that propagated the principle. Furthermore, it cannot have a binding authority since circumstances that brought about a certain principle might not be in existence any more, and surely we cannot maintain that previous Moslem Jurists have anticipated all our existing contemporary problems. Yet, as I said before in this wide sense, one cannot deny the Shari'a scholastic value as an elaborate system of deduction which should be relied upon for future derivations of principles. Construed narrowly, the Shari'a is confined to the undoubted principles of the Qur'an, to what is true and valid of the Sunna, and the consensus of the community represented by its scholars and learned men during a certain period andregarding a particular problem, provided such consensus was possible. Viewed as such, the Shari'a has a binding authority on every Moslem, and he is obligated to follow and employ it to resolve his affairs, deriving what is not explicit of its principles by the methods and means. The statement that it is too late for Shari'a to face contemporary issues is an exaggerated prejudiced statement, made possible because of the closing of the doors of investigation many centuries ago. The spirit and general principles of Shari'a are as valid today as they were yesterday many centuries ago and as they will be tomorrow many centuries to come. They are like a green oasis in the desolate desert of our lives which is over crowded with problems and conflicting ideologies. At the time of the original publication Ahmed Zaki Yamani was Minister of Petroleum and Mineral Resources, Kingdom of Saudi Arabia. AUTHOR COMMENTS The Islamic world, relying on the principles of Shari'a, can achieve its own entity, independent of East and West, and by which it can defend and protect itself from the torrent of communism and certain inequities of capitalism. The ability of Shari'a, to developed and evolve to meet the ever-changing needs of society, by relying on the concept of public interest as a source of legislation. The collective notion in Islam should be emphasized, outstanding quality in Shari'a which establishes a profound equilibrium between the individual and the community, should be put in perspective in relation to our own age. When our political leaders begin to think seriously about the happiness and welfare of their people, they shall find in Shari'a a guiding proven system to achieve and fulfill theiraims. The immortal principles of Shari'a can be used to correct and cure our social diseases in the Islamic world. Perhaps even the West might find it, again, a ray of light and knowledge to achieve still a more advanced civilization, or at least to preserve its existing one.

Islamic Law, Epistemology and Modernity

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Author :
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.

Modern Challenges to Islamic Law

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Publisher : Cambridge University Press
ISBN 13 : 1316727777
Total Pages : 329 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Modern Challenges to Islamic Law by : Shaheen Sardar Ali

Download or read book Modern Challenges to Islamic Law written by Shaheen Sardar Ali and published by Cambridge University Press. This book was released on 2016-10-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The diversity of interpretation within Islamic legal traditions can be challenging for those working within this field of study. Using a distinctly contextual approach, this book addresses such challenges by combining theoretical perspectives on Islamic law with insight into how local understandings impact on the application of law in Muslim daily life. Engaging with topics as diverse as Islamic constitutionalism, Islamic finance, human rights and internet fatawa, Shaheen Sardar Ali provides an invaluable resource for scholars, students and practitioners alike by exploring exactly what constitutes Islamic law in the contemporary world. Useful examples, case studies, a glossary of terms and the author's personal reflections accompany traditional academic critique, and together offer the reader a unique and discerning discussion of Islamic law in practice.

Islamic Law and the Challenges of Modernity

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Publisher : Rowman Altamira
ISBN 13 : 0759115710
Total Pages : 276 pages
Book Rating : 4.7/5 (591 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 2004-03-27 with total page 276 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.

Maqasid al-Shari’a and Contemporary Reformist Muslim Thought

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Publisher : Springer
ISBN 13 : 1137319410
Total Pages : 270 pages
Book Rating : 4.1/5 (373 download)

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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 270 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.

The Objectives of Islamic Law

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Publisher : Lexington Books
ISBN 13 : 1498549942
Total Pages : 313 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis The Objectives of Islamic Law by : Idris Nassery

Download or read book The Objectives of Islamic Law written by Idris Nassery and published by Lexington Books. This book was released on 2020-07-06 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars, thinkers, and activists around the world are paying increasing attention to a legal reform method that promises to revolutionize the way people think about Islamic law. Known as “The Objectives of the Sharī‘a” (maqāṣid al-sharī‘a), the theory offers a way to derive and apply new Islamic laws using an ancient methodology. The theory identifies core objectives that underlie Islamic law, and then looks at inherited Islamic laws to see whether they meet those objectives. According to the maqāṣid theory, historical Islamic laws that meet their objectives should be retained, and those that do not—no matter how entrenched in practice or embedded in texts—should be discarded or reformed. Recently, several scholars have questioned the maqāṣid theory, arguing that it is designed not to reform laws, but to support existing power structures. They warn that adopting the maqāṣid wholesale would set the reform project back, ensuring that inherited Islamic laws are never fully reformed to agree with contemporary values like gender-egalitarianism and universal human rights. The Objectives of Islamic Law: The Promises and Challenges of the Maqāṣid al-Sharī‘acaptures the ongoing debate between proponents and skeptics of the maqāṣid theory. It raises some of the most important issues in Islamic legal debates today, and lays out visions for the future of Islamic law.

Understanding Islamic Law

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Publisher : Rowman Altamira
ISBN 13 : 9780759109919
Total Pages : 236 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Understanding Islamic Law by : Hisham M. Ramadan

Download or read book Understanding Islamic Law written by Hisham M. Ramadan and published by Rowman Altamira. This book was released on 2006 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ramadan brings together essays to explain the history of Islamic law and its role in the contemporary world.

Introduction to Islamic Law

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Publisher : IUR Press
ISBN 13 : 9080719269
Total Pages : 22 pages
Book Rating : 4.0/5 (87 download)

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Book Synopsis Introduction to Islamic Law by : Ahmed Akgunduz

Download or read book Introduction to Islamic Law written by Ahmed Akgunduz and published by IUR Press. This book was released on 2010-01-01 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The world today has become one large village. Muslims and non-Muslims live side by side and have to learn about one another, share commonalities and respect differences. At this time more than one and a half billion Muslims live in this village. Some of them are pious Muslims, trying to live in accordance with Islamic rules, whereas others do not while believing that these rules come from God (the Qur’an), from interpretations of His Messenger (the Sunnah) or the consensus of Muslim jurists (ijmâ‘), and are at least rules derived via analogy (qiyâs) from the main sources of Islam. Most Muslims think along these lines and agree with the above. The reader should remember that Muslim individuals should live according to Islamic rules in private, but no individual is responsible for implementing Islamic law. In any event, the need to learn the facts about Islamic law is necessary for Muslims as well as for non-Muslims if they live in the same society with Muslims, at least in the sense of general information. In any event, the need to learn the facts about Islamic law is necessary for Muslims as well as for non-Muslims if they live in the same society with Muslims, at least in the sense of general information. We should keep in mind here that only sovereign Muslim states/governments have the legal authority to implement Islamic law. An individual Muslim has no legal authority or power to implement Islamic law. The law of Islam certainly does not say that every Muslim is obliged to implement Islamic law. It matters not how efficient and popular that individual may be as a brave warrior or a meticulous planner of unlawful and immoral schemes of hatred, terror and destruction. Only people who are properly qualified and trained, and hold a license from Muslim governmental authorities, have the authority to issue fatwâs. Not every Muslim individual qualifies as a Muftî (a jurist-consult or scholar of law who has been given a license to issue fatwâs.). For this reason Bediuzzaman says: “And we know that the fundamental aims of the Qur’an and its essential elements are fourfold: divine unity (al-tawhîd), prophethood (al-nubuwwah), the resurrection of the dead (al-hashr), and justice (al-ʿadalah). Al-Adâlah means law. He adds in another treatise: “Let our ulul-amr (satesmen and political authorities) think over implementing these rules”. This book is divided into eight chapters. Chapter I.Because of the many misunderstandings that arise, some terms related to Islamic Law, such as Sharî‛ah, fiqh, qânûn, ‘urf, Islamic Law, and Muhammadan Law are explained. Chapter II.Here, in this chapter dedicated to references on Islamic Law, the real added value of this book is found. Chapter III. This chapter looks at four periods of Islamic Law: the period of the Prophet Muhammad, the period of the Companions, the period of the Tabi‘în, and an introduction to the period of Mujtahidîn. Chapter IV. We will provide detailed information here on the different law schools and theological divisions. Chapter V. This chapter will be devoted to a period of Islamic law that has been neglected in both old and new books and articles, i.e. the period of Islamic Law after the Turks converted to Islam (960-1926). Chapter VI. This chapter will focus also on three main subjects: Anglo-Muhammadan law (Indo-Muslim law), Syariah or Islamic Law in Southeast Asia, and Islamic Law in contemporary Muslim states like Egypt, Pakistan, Morocco, Indonesia and Jordan. Chapter VII. We will explain the system and methodology of Islamic Law in this chapter. Chapter VIII. We will give some brief information here on the implementation of Islamic Law, its future; some encyclopedical works on Islamic law, and new institutions of Islamic fiqh.”

Democracy, Human Rights and Law in Islamic Thought

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Publisher : Bloomsbury Publishing
ISBN 13 : 0857737554
Total Pages : 264 pages
Book Rating : 4.8/5 (577 download)

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Book Synopsis Democracy, Human Rights and Law in Islamic Thought by : Mohammed Abed Al-Jabri

Download or read book Democracy, Human Rights and Law in Islamic Thought written by Mohammed Abed Al-Jabri and published by Bloomsbury Publishing. This book was released on 2012-04-30 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the Middle East, and in the west as well, there has been much discussion concerning the notion of Islamic rule and the application of shari'ah by the state. Central to these debates are the three key themes that Mohammad Abed al-Jabri looks at in this book: democracy, human rights and law. Jabri, one of the most influential political philosophers in the contemporary Middle East, examines how these three concepts have been applied in the history of the Arab world, and shows that they are determined by political and social context, not by Islamic doctrine. Jabri argues that in order to develop democratic societies in which human rights are respected, the Arab world cannot simply rely on old texts and traditions. Nor can it import democratic models from the West. Instead, he says, a new tradition will have to be forged by today's Arabs themselves, on their own terms. Through analysis of contemporary Arab ideology, its doubts about democracy, whether human rights are universal and the role of women and minorities in Islamic society, he expounds on the most pertinent issues in modern political philosophy. This lively interrogation of the building blocs of western conceptions of a modern state is a classic text and is vital for all students of modern Islamic political thought.

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.

Islam and Natural Law

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Publisher : Saqi Books
ISBN 13 :
Total Pages : 242 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Islam and Natural Law by : Abū al-Faz̤l ʻIzzatī

Download or read book Islam and Natural Law written by Abū al-Faz̤l ʻIzzatī and published by Saqi Books. This book was released on 2002 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aristotle, Kant, Marx, and Tabari are only a few of the many world thinkers whom Abul-Fazl Ezzati explores in his sweeping history and analysis of natural law. While this work distinguishes itself from other similar works by its detailed treatment of natural law in Islamic thought, it engages with both Islamic and Western discourse, with topics such as human rights, the inherent human nature, and rationality. The result is an insightful, all-encompassing treatment of human rights and the human beings physical, rational, emotional, and spiritual needs.

Islam and the Challenge of Democracy

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Author :
Publisher : Princeton University Press
ISBN 13 : 1400873207
Total Pages : 147 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Islam and the Challenge of Democracy by : Khaled Abou El Fadl

Download or read book Islam and the Challenge of Democracy written by Khaled Abou El Fadl and published by Princeton University Press. This book was released on 2015-05-20 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: The events of September 11 and the subsequent war on terrorism have provoked widespread discussion about the possibility of democracy in the Islamic world. Such topics as the meaning of jihad, the role of clerics as authoritative interpreters, and the place of human rights and toleration in Islam have become subjects of urgent public debate around the world. With few exceptions, however, this debate has proceeded in isolation from the vibrant traditions of argument within Islamic theology, philosophy, and law. Islam and the Challenge of Democracy aims to correct this deficiency. The book engages the reader in a rich discourse on the challenges of democracy in contemporary Islam. The collection begins with a lead essay by Khaled Abou El Fadl, who argues that democracy, especially a constitutional democracy that protects basic individual rights, is the form of government best suited to promoting a set of social and political values central to Islam. Because Islam is about submission to God and about each individual's responsibility to serve as His agent on Earth, Abou El Fadl argues, there is no place for the subjugation to human authority demanded by authoritarian regimes. The lead essay is followed by eleven others from internationally respected specialists in democracy and religion. They address, challenge, and engage Abou El Fadl's work. The contributors include John Esposito, Muhammad Fadel, Noah Feldman, Nader Hashemi, Bernard Haykel, Muqtedar Khan, Saba Mahmood, David Novak, William Quandt, Kevin Reinhart, and Jeremy Waldron.

Origin, History and Doctrines of Maqasid Al-Shariah.

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Author :
Publisher : Independently Published
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.5/5 (866 download)

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Book Synopsis Origin, History and Doctrines of Maqasid Al-Shariah. by : S L M Rifai

Download or read book Origin, History and Doctrines of Maqasid Al-Shariah. written by S L M Rifai and published by Independently Published. This book was released on 2020-12-25 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book primarily addresses three salient questions which deal with the general philosophy of Islamic law. What is general philosophy of Islamic law? Where does this idea of the general philosophy of Islamic law come from? Why do we need the doctrines of the general philosophy of Islamic law? These are some of the salient questions that this book deals with. The literal application of some aspects of the texts of the Holy Qur'an and prophetic traditions words to words is not always viable. Neither classical Islamic thought nor the literal legal schools provide ready-made answers for the problems of modern Islamic world. This does not mean we must abandon some teachings of Islam as some radical Muslim secularists claim. This does not mean we should ignore intellectual legacies of Muslim scholars of 1400 hundred years of Islamic history. This does not mean we must belittle the text of the Qur'an and the traditions of the prophet to meet the demands of the modernity.There is nothing wrong in the divine texts of the Qur'an and yet, human understanding and attitudes to the divine texts differ from century to century, place to place and person to person. For the last 14 centuries, different Muslim communities have been reading the corpus of Islamic law differently with their own social contexts. There is no uniformity in human understanding of divine texts. The divine texts are prone to different human interpretation for various reasons. The corpus of Islamic rules we have today are the collections of 1400 hundred years of Islamic legal heritage and legal interpretation of different times, different social contexts. We should have not only thorough knowledge of Islamic sciences, but we should also have a thorough knowledge of the general philosophy of Islamic law to choose some appropriate legal ideas, opinions from the 1400 hundred years of Islamic legacy.