Modern Perspectives On Islamic Law

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Modern Perspectives on Islamic Law

Author : E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 54,5 Mb
Release : 2013-01-01
Category : Religion
ISBN : 9780857934475

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Modern Perspectives on Islamic Law by E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen Pdf

'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.

Perspectives on Islamic Law, Justice, and Society

Author : Ravindra S. Khare
Publisher : Rowman & Littlefield
Page : 236 pages
File Size : 46,8 Mb
Release : 1999
Category : History
ISBN : 0847694046

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Perspectives on Islamic Law, Justice, and Society by Ravindra S. Khare Pdf

This book provides an accessible introductory discussion of issues in Islamic law, justice, and society. At the center of the volume is a discussion of some interrelated theological, historical, legal, and practical issues facing Islamic law in such different countries and regions as Algeria, Morocco, South Africa, and South Asia. This will be a valuable book for students and scholars of Middle Eastern studies, law, and history.

Understanding Islamic Law

Author : Hisham M. Ramadan
Publisher : Rowman Altamira
Page : 236 pages
File Size : 42,6 Mb
Release : 2006
Category : Law
ISBN : 0759109915

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Understanding Islamic Law by Hisham M. Ramadan Pdf

Ramadan brings together essays to explain the history of Islamic law and its role in the contemporary world.

Islamic Law: A Very Short Introduction

Author : Mashood A. Baderin
Publisher : Oxford University Press
Page : 177 pages
File Size : 40,9 Mb
Release : 2021-02-25
Category : Religion
ISBN : 9780191643552

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Islamic Law: A Very Short Introduction by Mashood A. Baderin Pdf

Very Short Introductions: Brilliant, Sharp, Inspiring Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. It is applicable in different forms as part of state law in countries across the Middle East, Asia, and Africa, and also has a strong influence on Muslim communities throughout the Western world. This Very Short Introduction provides an authoritative perspective on the evolution and nature of Islamic law. Mashood A. Baderin considers its theory, covering the history and nature of Islamic jurisprudence; its scope, covering Family Law, Inheritance Law, Financial Law, Penal Law, and International Law; and, finally, its practice. He takes into account both classical and modern scholarly perspectives in examining the various facets of Islamic law, to provide an overview of this key legal system. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Islamic Legal Methodology: A New Perspective On Uşŭl Al-Fiqh

Author : Ahmad Kazemi-Moussavi ,Hamid Mavani
Publisher : International Institute of Islamic Thought (IIIT)
Page : 250 pages
File Size : 43,6 Mb
Release : 2023-10-31
Category : Law
ISBN : 9781642053517

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Islamic Legal Methodology: A New Perspective On Uşŭl Al-Fiqh by Ahmad Kazemi-Moussavi ,Hamid Mavani Pdf

This book discusses the historical development of the legal methodology for the interpretation of the Shari’ah, and analyzes proposed reforms by modern Muslim scholars. This study has two goals: (1) to summarize usul al-fiqh’s rise and development from its rudimentary form to its advanced and mature phase by articulating the contributions of eminent jurists on key intellectual debates, and (2) to present a schema of reforms, new hermeneutics, and epistemology proposed by modernists to bring about foundational changes in Islamic legal methodology so that they can bypass the authority of the legal language. The critical distinction between the timeless Shari’ah and mutable jurisprudence allows for a mechanism that can review and revise juridical opinions in the light of new information.

Islamic Law

Author : Mūʼil Yūsuf ʻIzz al-Dīn
Publisher : Unknown
Page : 200 pages
File Size : 42,5 Mb
Release : 2004
Category : Law
ISBN : UVA:X004846070

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Islamic Law by Mūʼil Yūsuf ʻIzz al-Dīn Pdf

GBS_insertPreviewButtonPopup('ISBN:9780748614592); This survey of Islamic Law combines Western and Islamic views and describes the relationship between the original theories of Islamic law and the views of contemporary Islamic writers. Covering the key topics in the area - including the history, sources and formation of Islamic Law, the legal mechanisms, and the contemporary context - it is strong in its coverage of the modern perspective, which particularly marks this book out from other texts in this field. The aim is to provide the student with a background understanding of Islamic Law and access to the complexity of the Islamic legal system. The language used is non-technical and understanding is aided with a supplementary detailed glossary and analytical indices. Selling Points Author is a well-known scholar who is a lawyer by original profession and who has taught Islamic Law for 22 years: ideally placed to write an introductory survey of the field. No prior knowledge assumed Uses non-technical language Includes a glossary of key terms

International Human Rights and Islamic Law

Author : Mashood A. Baderin
Publisher : OUP Oxford
Page : 302 pages
File Size : 42,7 Mb
Release : 2003-09-11
Category : Law
ISBN : 9780191021824

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International Human Rights and Islamic Law by Mashood A. Baderin Pdf

This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqâsid al-sharî'ah' (the overall objective of Sharî'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.

Islam and International Law

Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 488 pages
File Size : 50,8 Mb
Release : 2013-06-13
Category : Religion
ISBN : 9789004233362

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Islam and International Law by Anonim Pdf

Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.

Transformations of Tradition

Author : Junaid Quadri
Publisher : Oxford University Press, USA
Page : 265 pages
File Size : 50,6 Mb
Release : 2021
Category : History
ISBN : 9780190077044

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Transformations of Tradition by Junaid Quadri Pdf

"This book is a study of the Muslim world's entanglement with colonial modernity. More specifically, it is an historical examination of the development of the long-standing, indigenous tradition of learning and praxis known as Islamic law (shari°a, fiqh) as a result of its imbalanced interaction with new European modes of knowing during, and in the immediate aftermath of, the colonial experience. Drawing upon the writings of jurist-scholars from the òHanaf åischool of law writing in Cairo, Kazan, Lucknow, Baghdad and Istanbul, Transformations of Tradition reveals several central shifts in Islamic legal writing that throw into doubt the possibility of reading its later trajectory through the lens of a continuous "tradition." By focusing especially on the work of Muòhammad Bakhåit al-Muòtåi°åi, Mufti of Egypt for a time and a leading scholar at the Azhar, Transformations shows that the colonial moment of the late nineteenth and early twentieth centuries marked a significant rupture in how Muslim jurists understood history and authority, science and technology, and religion and the secular, thereby upending the very ground upon which Islamic law had until then functioned"--

Shari’a

Author : Abbas Amanat
Publisher : Stanford University Press
Page : 272 pages
File Size : 49,7 Mb
Release : 2007-09-17
Category : Religion
ISBN : 0804756392

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Shari’a by Abbas Amanat Pdf

A survey and analysis of what Shari’a, or Islamic law, means for Muslims today.

Islam, Law and the Modern State

Author : Arif A. Jamal
Publisher : Routledge
Page : 150 pages
File Size : 47,5 Mb
Release : 2018-03-14
Category : Law
ISBN : 9781315466798

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Islam, Law and the Modern State by Arif A. Jamal Pdf

Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.

Modern Challenges to Islamic Law

Author : Shaheen Sardar Ali
Publisher : Cambridge University Press
Page : 329 pages
File Size : 46,5 Mb
Release : 2016-10-06
Category : Law
ISBN : 9781107033382

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Modern Challenges to Islamic Law by Shaheen Sardar Ali Pdf

This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.

Routledge Handbook of Islamic Law

Author : Khaled Abou El Fadl,Ahmad Atif Ahmad,Said Fares Hassan
Publisher : Routledge
Page : 450 pages
File Size : 41,7 Mb
Release : 2019-05-10
Category : Religion
ISBN : 9781317622444

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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.

Muslim Laws, Politics and Society in Modern Nation States

Author : Ihsan Yilmaz
Publisher : Routledge
Page : 285 pages
File Size : 50,8 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351916240

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Muslim Laws, Politics and Society in Modern Nation States by Ihsan Yilmaz Pdf

Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.

Islamic Law in the Modern World

Author : James Norman Dalrymple Anderson
Publisher : Praeger
Page : 136 pages
File Size : 49,5 Mb
Release : 1975
Category : Law
ISBN : UVA:X000786606

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Islamic Law in the Modern World by James Norman Dalrymple Anderson Pdf