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Islamic Law and Jurisprudence by Nicholas Heer Pdf
Western scholars consider aspects of Islamic legal concepts and practices. The 11 articles are presented in sections on Islamic jurisprudence, the influence of Islamic law on European legal systems, and Islamic law in contemporary Muslim states. Requires no background in either law or Islamic studie
Studies in Modern Islamic Law and Jurisprudence by Oussama Arabi Pdf
This book shows 19th and 20th century Islamic Law as a dynamic process casting its net into the 21th century and shaping of major constitutional and legal developments in the Arab and Muslim worlds. The introduction and nine chapters of this volume provide insight into the ongoing transformation of the Shari'a into the law of a nation-state. The book contains studies on Marriage and Divorce, Contract Law in the new Civil Codes of Egypt, Iraq and Syria; the ideological springs of Muhammed 'Abduh's visionary program for the reconstruction of Shari'a, the place of Islamic law in the judicial doctrine and policy of the Egyptian State and Legal Capacity.
Lessons in Islamic Jurisprudence by Muhammad Baqir As-Sadr Pdf
This is an English translation of one of the most famous texts by the influential and charismatic Islamic activist, as-Sadr, who was executed by Saddam Hussein in Iraq in 1980. As-Sadr's books have made him one of the most celebrated Arab Muslim intellectuals of modern times. This text is used throughout the Sunni and Shi'a world by students of Islamic jurisprudence because of its succinctness and intellectual vigour. Mottahedeh's translation is accompanied by a detailed introduction which explains and places in context as-Sadr's views. Representing an attempt to relate a large body of Islamic law to scripture, this translation should be of great interest to students of scripture, hermeneutics and law.
“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.”
The contributions of Bernard Weiss to the study of the principles of jurisprudence (uṣūl al-fiqh) are recognized in a series of contributions on Islamic legal theory. These thirteen chapters study a range of Islamic texts and employ contemporary legal, religious, and hermeneutical theory to study the methodology of Islamic law. Contributors include: Peter Sluglett, Ahmed El Shamsy, Éric Chaumont, A. Kevin Reinhart, Mohammad Fadel, Jonathan Brockopp, Christian Lange, Raquel M. Ukeles, Paul Powers, Robert Gleave, Wolfhart Heinrichs, Joseph Lowry, Rudolph Peters, Frank E. Vogel
Islamic Law and the State by Sherman A. Jackson Pdf
This book deals with an Ayyūbid-Mamlūk Egyptian jurist's attempt to come to terms with the potential conflict between power, represented in the state, and authority, represented in the schools of law, particularly where one school enjoys a privileged status with the state. It deals with the history of the relationship between the schools of law, particularly in Mamlūk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihād was the dominant hegemony, into the post-formative period during which taqlīd came to dominate. It also deals with the internal structure and operation of the madhhab, as the sole repository of legal authority. Finally, the book includes a discussion of the limits of law and the legal process, the former imposing limits on the legal jurisdiction of the jurists and the schools, the latter imposing limits on the executive authority of the state.
Routledge Handbook of Islamic Law by Khaled Abou El Fadl,Ahmad Atif Ahmad,Said Fares Hassan Pdf
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.
Islamic jurisprudence is a much misunderstood system. The misunderstanding is due to lack of information and to centuries of prejudice. This book seeks to present information, not at present available in a single work, on the pioneering efforts of Islamic jurists to develop a comprehensive body of human rights, principles and practice, as well as a corpus of international law principles. The attempt to develop such international law principles long anticipated any similar work in other legal or cultural systems. Human rights doctrine based upon the Qu'ran and the Sunna of the Prophet was expressed in terms which will strike the reader as surprisingly modern. In international law, Islamic treatises anticipated the work of Grotius by eight centuries. It is hoped that this systematic exposition, not attempted before in such detail, will help considerably in reducing misunderstanding and the resulting tensions, as well as being of considerable value to the Islamic world. The work will be of interest not only to lawyers, but also to philosophers, historians, sociologists, political scientists and students of international affairs.
Outlines of Islamic Jurisprudence by Imran Ahsan Khan Nyazee Pdf
Outlines of Islamic jurisprudence covers a number of topics of usul al-fiqh, sometimes in abridged form, that have been covered in the title on the subject of Islamic Jurisprudence by the same author. The significance of this book can only be understood through a comparison with that book. Islamic jurisprudence focuses on the discipline of usul al-fiqh and deals with it in an exhaustive way. It, thus, covers the different aspects of interpretation and theories of Islamic law. The present book includes some of the topics covered in that book. The bulk of Outlines of Islamic Jurisprudence, however, summarizes the entire law of Islam presenting it in a concise yet effective way. Property, contracts, evidence, procedure, constitutional matters and issues of Muslim personal law (family law) are dealt with efficiently. The last part of the book also includes information on the schools of law and their history. Due to the treatment of the entire Islamic law in a comprehensive way, the book is like a short encyclopedia. The book was first published in 1998 and is now in its sixth edition. It is very popular among law students, lawyers and even the general readers. Minor improvements to the book have been made over the years and it is constantly updated. Parts of the book dealing with property and contracts are taught independently as a one semester course on contracts, in particular for Islamic banking. The section on the history of the schools serves as a brief introduction to the law of Islam.
Author : ABDELWAHAB KHALLAF Publisher : Dar Al Kotob Al Ilmiyah دار الكتب العلمية Page : 384 pages File Size : 55,6 Mb Release : 2016-01-01 Category : Religion ISBN : 9782745101556
Islamic Jurisprudence on the Regulation of Armed Conflict by Nesrine Badawi Pdf
In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a “true” interpretation of the rules regulating armed conflict in Islamic law. In a survey of formative and modern seminal legal works on the subject, the author sheds light on the role played by the sociopolitical context in shaping this branch of jurisprudence and offers a detailed examination of the internal deductive structures of these works.
Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Principles of Islamic Jurisprudence by Mohammad Hashim Kamali Pdf
This third edition of the best-selling title Principles of Islamic Jurisprudence has been completely revised and substantially enlarged. In this work, Prof Kamali offers us the first detailed presentation available in English of the theory of Muslim law (usul al-fiqh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Islamic Jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur'an and the Sunnah—the precedent of the Prophet. Written as a university textbook, Principles of Islamic Jurisprudence is distinguished by its clarity and readability; it is an essential reference work not only for students of Islamic law, but also for anyone with an interest in Muslim society or in issues of comparative Jurisprudence.
