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Positive Law From The Muslim World
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Book Synopsis Positive Law from the Muslim World by : Baudouin Dupret
Download or read book Positive Law from the Muslim World written by Baudouin Dupret and published by Cambridge University Press. This book was released on 2021-06-24 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dupret explores how the concept of positive law operated in the Muslim world.
Book Synopsis Law Reform in the Muslim World by : James Norman Dalrymple Anderson
Download or read book Law Reform in the Muslim World written by James Norman Dalrymple Anderson and published by Burns & Oates. This book was released on 1976 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: I.B.Tauris in association with the Institute of Ismaili Studies 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. In addition to tracing the history of sharia, the book offers a critique concerning its status today. Sharia is examined with regard to particular issues that are of paramount importance in the contemporary world, such as human rights; criminal penalties, including those dealing with apostasy, blasphemy and adultery, commercial transactions, and bio-medical ethics, amongst other subjects. The authors show that sharia is a legal system underpinned by ethical principles that are open to change in different circumstances and contexts, notwithstanding the claims for `transcendental permanence' made by Islamists. This book encourages new thinking about the history of sharia and its role in the modern world.
Book Synopsis Islamic Human Rights and International Law by : Glenn L. Roberts
Download or read book Islamic Human Rights and International Law written by Glenn L. Roberts and published by Universal-Publishers. This book was released on 2006-12 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women's rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of "Islamic human rights" that compete with and seek to displace "Western human rights." Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an "American customary-law-of-human-rights school" have responded with a new militant doctrine of "instant customary law" to aid the U.S. in its "war on terror," targeting the Sharia wherever encountered, and risking a global "war on Islam."
Download or read book Land, Law and Islam written by Hilary Lim and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
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.
Book Synopsis Narratives of Islamic Legal Theory by : Rumee Ahmed
Download or read book Narratives of Islamic Legal Theory written by Rumee Ahmed and published by OUP Oxford. This book was released on 2012-03-15 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the critical period when Islamic law first developed, a new breed of jurists developed a genre of legal theory treatises to explore how the fundamental moral teachings of Islam might operate as a legal system. Seemingly rhetorical and formulaic, these manuals have long been overlooked for the insight they offer into the early formation of Islamic conceptions of law and its role in social life. In this book, Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Ahmed describes how Muslim jurists used the genre of legal theory to argue for individualized, highly creative narratives about the application of Islamic law while demonstrating loyalty to inherited principles and general prohibitions. These narratives are revealed through careful attention to the nuanced way in which legal theorists defined terms and concepts particular to the legal theory genre, and developed pictures of multiple worlds in which Islamic law should ideally function. Ahmed takes the reader into the logic of Islamic legal theory to uncover diverse conceptions of law and legal application in the Islamic tradition, clarifying and making accessible the sometimes obscure legal theories of central figures in the history of Islamic law. The book offers important insights about the ways in which legal philosophy and theology mutually influenced premodern jurists as they formulated their respective visions of law, ethics, and theology. The volume is the first in the Oxford Islamic Legal Studies series. Satisfying the growing interest in Islam and Islamic law, the series speaks to both specialists and those interested in the study of a legal tradition that shapes lives and societies across the globe. The series features innovative and interdisciplinary studies that explore Islamic law as it operates in shaping private decision making, binding communities, and as domestic positive law. The series also sheds new light on the history and jurisprudence of Islamic law and provides for a richer understanding of the state of Islamic law in the contemporary Muslim world, including parts of the world where Muslims are minorities.
Book Synopsis Positive Law from the Muslim World by : Baudouin Dupret
Download or read book Positive Law from the Muslim World written by Baudouin Dupret and published by Cambridge University Press. This book was released on 2021-06-24 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.
Book Synopsis Legal Pluralism in the Arab World by : Badouin Dupret
Download or read book Legal Pluralism in the Arab World written by Badouin Dupret and published by BRILL. This book was released on 2023-03-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions. The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries. The work's unique features include * a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism; * a broad range of case studies, demonstrating the diversity in formulations of the theory; and * a wide variety of approaches to the subject matter. Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.
Book Synopsis Legal Pluralism in the Arab World by : Baudouin Dupret
Download or read book Legal Pluralism in the Arab World written by Baudouin Dupret and published by BRILL. This book was released on 1999-01-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism: Ziad Bahaa-Eldin.
Book Synopsis Contemporary Ijtihad by : L. Ali Khan
Download or read book Contemporary Ijtihad written by L. Ali Khan and published by Edinburgh University Press. This book was released on 2012-09-17 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the challenges and limits of contemporary ijtihad in the context of diverse needs of Muslim cultures and communities living in Muslim and non-Muslim nations and continents, including Europe and North America.
Book Synopsis Islam and Human Rights by : Shireen Hunter
Download or read book Islam and Human Rights written by Shireen Hunter and published by CSIS. This book was released on 2005 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last few years, issues related to human rights, including encouraging the democratization of Muslim societies from the Middle East to Southeast Asia, have acquired great importance in shaping the character of U.S.-Muslim relations and U.S. policy toward Muslim countries. An important impetus behind this development were the tragic events of 9/11, which demonstrated the destructive potential of militant groups that use a distorted interpretation of Islam as justification for their actions. These events also led to a greater realization by the United States--and the West--that a lack of democracy and lack of respect for human rights have been contributory factors to the rise of militant Islam. Consequently, in its approach toward the Muslim world, the United States has emphasized the themes of human rights and democracy. Within the Islamic world, too, both secular and moderate Islamists have begun focusing on issues related to human rights. Although many conservative Muslims believe that Islam is incompatible with Western notions of democracy and human rights, reformist Muslim thinkers and activists maintain that a proper reading of Islamic injunctions and the ethical values underpinning those injunctions shows there is no such incompatibility. Complicating the debate is the fact that many Muslims--secular as well as conservative and reformist--doubt the seriousness of the U.S. commitment to the cause of human rights and democracy in the Muslim world, believing that the United States applies human rights' standards selectively to suit its strategic and economic interests. Irrespective of the validity of these charges, they are part of the context of the U.S.-Muslim dialogue on human rights. And it is this complex dialogue that this volume seeks to advance.
Download or read book Sharī'a written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-04-16 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wael Hallaq's magisterial overview of Shari'a examines the doctrines and practices of Islamic law from the seventh century to the present. In a compelling narrative, the author unravels the complexities of his subject to reveal a deep knowledge of the law which will engage and challenge both student and scholar.
Book Synopsis Islamic Law in the Modern World by : James Norman Dalrymple Anderson
Download or read book Islamic Law in the Modern World written by James Norman Dalrymple Anderson and published by London : Stevens. This book was released on 1959 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Islam and the Rule of Justice by : Lawrence Rosen
Download or read book Islam and the Rule of Justice written by Lawrence Rosen and published by University of Chicago Press. This book was released on 2018-03-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Book Synopsis Advancing the Legal Status of Women in Islamic Law by : Mona Samadi
Download or read book Advancing the Legal Status of Women in Islamic Law written by Mona Samadi and published by BRILL. This book was released on 2021-05-25 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.
Book Synopsis An Introduction to Islamic Law by : Wael B. Hallaq
Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
