The Islamic Law Of Nations

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The Islamic Law of Nations

Author : Muḥammad ibn al-Ḥasan Shaybānī
Publisher : JHU Press
ISBN 13 : 9780801869754
Total Pages : 344 pages
Book Rating : 4.8/5 (697 download)

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Book Synopsis The Islamic Law of Nations by : Muḥammad ibn al-Ḥasan Shaybānī

Download or read book The Islamic Law of Nations written by Muḥammad ibn al-Ḥasan Shaybānī and published by JHU Press. This book was released on 1966 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: From its origins Islam has been an expansionist religion, understanding itself as a matter of faith to be in a permanent state of war with the non-Muslim world. After the initial consolidation of the Islamic caliphate, however, it soon became apparent that constant military hostilities could not be sustained and that other forms of relationship with non-Muslim nations would be necessary. To reconcile the imperatives of faith with the limits of military power, Islamic scholars developed elaborate legal doctrines. In the second century of the Muslim era (eighth century C.E.), hundreds of years before the codification of international law in Europe by Grotius and others, Muhammad ibn al-Hasan al-Shaybani, an eminent jurist of the Hanafite school in present-day Iraq, wrote the first major Islamic treatise on the law of nations, Kitab al-Siyar al-Kabir. Translated with an extensive commentary by Majid Khadduri, Shaybani's Siyar describes in detail conditions for war (jihad) and for peace, principles for the conduct of military action and of diplomacy, and rules for the treatment of non-Muslims in Muslim lands. A foundational text of the leading school of law in Sunni Islam, it provides essential insights into relations between Islamic nations and the larger world from their earliest days up to the present.

Islamic Law and International Law

Author : Emilia Justyna Powell
Publisher : Oxford University Press, USA
ISBN 13 : 0190064633
Total Pages : 329 pages
Book Rating : 4.1/5 (9 download)

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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"--

Islamic International Law

Author : Khaled Ramadan Bashir
Publisher : Edward Elgar Publishing
ISBN 13 : 1788113861
Total Pages : 297 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Islamic International Law by : Khaled Ramadan Bashir

Download or read book Islamic International Law written by Khaled Ramadan Bashir and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.

History of Islamic Law

Author : Noel Coulson
Publisher : Edinburgh University Press
ISBN 13 : 0748696490
Total Pages : 280 pages
Book Rating : 4.7/5 (486 download)

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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.

War and Peace in the Law of Islam

Author : Majid Khadduri
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584776951
Total Pages : 334 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis War and Peace in the Law of Islam by : Majid Khadduri

Download or read book War and Peace in the Law of Islam written by Majid Khadduri and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index

Modern Perspectives on Islamic Law

Author : E. Ann Black
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.

Principles of Islamic International Criminal Law

Author : Farhad Malekian
Publisher : BRILL
ISBN 13 : 9004203966
Total Pages : 477 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Principles of Islamic International Criminal Law by : Farhad Malekian

Download or read book Principles of Islamic International Criminal Law written by Farhad Malekian and published by BRILL. This book was released on 2011-06-22 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

The Fall and Rise of the Islamic State

Author : Noah Feldman
Publisher : Princeton University Press
ISBN 13 : 1400824079
Total Pages : 200 pages
Book Rating : 4.4/5 (8 download)

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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.

Toward an Islamic Reformation

Author : Abdullahi Ahmed An Na'im
Publisher : Syracuse University Press
ISBN 13 : 9780815627067
Total Pages : 276 pages
Book Rating : 4.6/5 (27 download)

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Book Synopsis Toward an Islamic Reformation by : Abdullahi Ahmed An Na'im

Download or read book Toward an Islamic Reformation written by Abdullahi Ahmed An Na'im and published by Syracuse University Press. This book was released on 1996-07-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.

An Introduction to Islamic Law

Author : Wael B. Hallaq
Publisher : Cambridge University Press
ISBN 13 : 1139489305
Total Pages : 209 pages
Book Rating : 4.1/5 (394 download)

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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.

Islamic Family Law in a Changing World

Author : ʻAbd Allāh Aḥmad Naʻīm
Publisher : Zed Books
ISBN 13 : 9781842770931
Total Pages : 340 pages
Book Rating : 4.7/5 (79 download)

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Book Synopsis Islamic Family Law in a Changing World by : ʻAbd Allāh Aḥmad Naʻīm

Download or read book Islamic Family Law in a Changing World written by ʻAbd Allāh Aḥmad Naʻīm and published by Zed Books. This book was released on 2002-08 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.

No Place for Saints

Author : Adam Jortner
Publisher : JHU Press
ISBN 13 : 1421441772
Total Pages : 200 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis No Place for Saints by : Adam Jortner

Download or read book No Place for Saints written by Adam Jortner and published by JHU Press. This book was released on 2022-02-01 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of the Mormon church is arguably the most radical event in American religious history. How and why did so many Americans flock to this new religion, and why did so many other Americans seek to silence or even destroy that movement? Winner of the MHA Best Book Award by the Mormon History Association Mormonism exploded across America in 1830, and America exploded right back. By 1834, the new religion had been mocked, harassed, and finally expelled from its new settlements in Missouri. Why did this religion generate such anger? And what do these early conflicts say about our struggles with religious liberty today? In No Place for Saints, the first stand-alone history of the Mormon expulsion from Jackson County and the genesis of Mormonism, Adam Jortner chronicles how Latter-day Saints emerged and spread their faith—and how anti-Mormons tried to stop them. Early on, Jortner explains, anti-Mormonism thrived on gossip, conspiracies, and outright fables about what Mormons were up to. Anti-Mormons came to believe Mormons were a threat to democracy, and anyone who claimed revelation from God was an enemy of the people with no rights to citizenship. By 1833, Jackson County's anti-Mormons demanded all Saints leave the county. When Mormons refused—citing the First Amendment—the anti-Mormons attacked their homes, held their leaders at gunpoint, and performed one of America's most egregious acts of religious cleansing. From the beginnings of Mormonism in the 1820s to their expansion and expulsion in 1834, Jortner discusses many of the most prominent issues and events in Mormon history. He touches on the process of revelation, the relationship between magic and LDS practice, the rise of the priesthood, the questions surrounding Mormonism and African Americans, the internal struggles for leadership of the young church, and how American law shaped this American religion. Throughout, No Place for Saints shows how Mormonism—and the violent backlash against it—fundamentally reshaped the American religious and legal landscape. Ultimately, the book is a story of Jacksonian America, of how democracy can fail religious freedom, and a case study in popular politics as America entered a great age of religion and violence.

Gender and Human Rights in Islam and International Law

Author : Shaheen S. Ali
Publisher : BRILL
ISBN 13 : 9004479953
Total Pages : 380 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Gender and Human Rights in Islam and International Law by : Shaheen S. Ali

Download or read book Gender and Human Rights in Islam and International Law written by Shaheen S. Ali and published by BRILL. This book was released on 2021-11-08 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important study offers a conceptual analysis of gender and human rights under Islamic law, state law and international law, and extends this analysis to a specific examination of the nature of women's rights in the Islamic tradition. It explores the disparity between the theoretical perspective on women's rights and its applications to Muslim jurisdictions, determined by elements of cultural practices, socio-economic realities and political expediences, and uses the example of Pakistan to demonstrate the divergence between the theory and practice of Islamic law in these jurisdictions. It discusses the concept of an emerging 'operative' Islamic law, which includes principles of Islamic law, secular codes and popular custom and usage.

The Ladder to Success in Truly Loving Allah

Author : ¿Abd Allah bin ¿usayn al-Hadrami
Publisher :
ISBN 13 : 9781944904197
Total Pages : 140 pages
Book Rating : 4.9/5 (41 download)

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Book Synopsis The Ladder to Success in Truly Loving Allah by : ¿Abd Allah bin ¿usayn al-Hadrami

Download or read book The Ladder to Success in Truly Loving Allah written by ¿Abd Allah bin ¿usayn al-Hadrami and published by . This book was released on 2020-07-13 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Islamic Law and International Human Rights Law

Author : Anver M. Emon
Publisher : OUP Oxford
ISBN 13 : 0191645702
Total Pages : 416 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Islamic Law and International Human Rights Law by : Anver M. Emon

Download or read book Islamic Law and International Human Rights Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-10-11 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

Islam and the Rule of Justice

Author : Lawrence Rosen
Publisher : University of Chicago Press
ISBN 13 : 022651174X
Total Pages : 293 pages
Book Rating : 4.2/5 (265 download)

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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.

Afghanistan Rising

Author : Faiz Ahmed
Publisher : Harvard University Press
ISBN 13 : 0674971949
Total Pages : 448 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Afghanistan Rising by : Faiz Ahmed

Download or read book Afghanistan Rising written by Faiz Ahmed and published by Harvard University Press. This book was released on 2017-11-06 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debunking conventional narratives of Afghanistan as a perennial war zone and the rule of law as a secular-liberal monopoly, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence, codify its own laws, and ratify a constitution after the fall of the Ottoman Empire. Afghanistan Rising illustrates how turn-of-the-twentieth-century Kabul--far from being a landlocked wilderness or remote frontier--became a magnet for itinerant scholars and statesmen shuttling between Ottoman and British imperial domains. Tracing the country's longstanding but often ignored scholarly and educational ties to Baghdad, Damascus, and Istanbul as well as greater Delhi and Lahore, Ahmed explains how the court of Kabul attracted thinkers eager to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international norms of legality. From Turkish lawyers and Arab officers to Pashtun clerics and Indian bureaucrats, this rich narrative focuses on encounters between divergent streams of modern Muslim thought and politics, beginning with the Sublime Porte's first mission to Afghanistan in 1877 and concluding with the collapse of Ottoman rule after World War I. By unearthing a lost history behind Afghanistan's founding national charter, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on archival research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly as a center of constitutional politics, Muslim cosmopolitanism, and contested visions of reform in the greater Islamicate world.