Shari'ah Law

An Introduction

Author: Mohammad Hashim Kamali

Publisher: Oneworld Publications

ISBN: 1780740379

Category: Religion

Page: 352

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Providing a comprehensive and accessible examination of Shari’ah Law, this well considered introduction examines the sources, characteristic features and various schools of thought of a system often stereotyped for its severity in the West. In a progressive and graduated fashion, Mohammad Hashim Kamali discusses topics ranging from juristic disagreement to independent reasoning. Also broaching more advanced topics such as the principle of legality and the role and place of Shari’ah-oriented policy, Kamali controversially questions whether Islam is as much of a law-based religion as it has often been made out to be. Complete with a bibliography and glossary, and both a general index and an index of Arabic quotations, this wide-ranging exploration will prove an indispensable resource for Islamic students and scholars, and an informative guide to a complex topic for the general reader. Professor Dr Hashim Mohammad Kamali is the Dean of the International Institute of Islamic Thought and Civilisation (ISTAC) at the International Islamic University, Malaysia.

Shariah Law

Author: Mohammad Hashim Kamali

Publisher: Oneworld Publications

ISBN: 1786071517

Category: Religion

Page: 278

View: 5309

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Shariah law is a subject that is misunderstood and misrepresented by many in the West. More than simply a system of law, it is concerned with a set of values and rules that are essential to the understanding and practice of Islam. In this volume, Mohammad Hashim Kamali, a world-renowned expert on Shariah, adopts a question-and-answer format to provide a clear introduction to its most salient aspects. Extending from the sources of Shariah in the Qur’an, hadith and the legal maxims of Islamic law to the discussion of issues such as freedom of religion, gender equality and human rights, Shariah Law: Questions and Answers connects the theoretical aspects of the law with how it is applied in the world today. At once scholarly and accessible, it is sure to be a vital resource for students, teachers and general readers, addressing as it does a range of contemporary concerns, including jihad, democracy, the environment, genetic engineering, human cloning, euthanasia and abortion.

Between God and the Sultan

A History of Islamic Law

Author: Knut S. Vikør

Publisher: Oxford University Press, USA

ISBN: 9780195223989

Category: Religion

Page: 387

View: 6966

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The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.

Introduction to Islamic Law

Principles of Civil, Criminal, and International Law under the Shari‘a

Author: Jonathan G. Burns

Publisher: TellerBooks

ISBN: 0984518266

Category: Law

Page: 162

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“I highly recommend ‘Introduction to Islamic Law: Principles of Civil, Criminal, and International Law under the Shari‘a’ to scholars and any individual who desires to learn about the Shari‘a and its basic values through an objective, methodical study.” Mohamed A. ‘Arafa, Ph.D. Assistant and Adjunct Professor of Law Alexandria University Faculty of Law, Egypt Islamic law (Shari‘a) is an all-inclusive legal tradition that creates a seamless web reaching from the public sphere into the private sphere of life. Thus, the Shari‘a recognizes no bifurcation between legislation and religion, no wall of separation between the mosque and the state, and no compartmentalization of morality, faith, and law. Nonetheless, the duties under Islamic law can be divided into two large subcategories, the first and most important of which mainly concerns the private, individual relationship between God and man. In contrast, the second duty mainly concerns the public, transactional relationships among individuals which – in a secular framework – is most analogous to “law.” Introduction to Islamic Law begins with an overview of Islam as a whole, including a discussion of the sources of Islamic law and sectarian distinctions. Then, the book thoroughly addresses the secondary duties of Islamic law, which govern daily transactions between individuals, including the law of contracts, property, banking and finance, and familial relations as well as criminal law and procedure and the law of war. The legal rules embodied within the Shari‘a are mandatory in jurisdictions adhering to a strict application of Islamic law. However, Islamic law remains highly influential even in Muslim-majority countries with secular legal codes. Nevertheless, given recent developments in the Arab world, as well as the rise of terrorism in the name of Islam, the Shari‘a is a subject that has seeped into the national dialogue of wholly secular, non-Muslim jurisdictions. Thus, Introduction to Islamic Law is offered for scholars and students – both Muslim and non-Muslim, with or without a legal background – for the purpose of obtaining a basic understanding of the foundational concepts of the Shari‘a.

Maqasid Al-Shariah as Philosophy of Islamic Law

A Systems Approach

Author: Jasser Auda

Publisher: International Institute of Islamic Thought (IIIT)

ISBN: 1565644247

Category: Islamic law

Page: 347

View: 5716

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In this path breaking study, Jasser Auda presents a systems approach to the philosophy and juridical theory of Islamic law based on its purposes, intents, and higher objectives (maqasid). For Islamic rulings to fulfill their original purposes of justice, freedom, rights, common good, and tolerance in today's context, Auda presents maqasid as the heart and the very philosophy of Islamic law. He also introduces a novel method for analysis and critique, one that utilizes relevant features from systems theory, such as, wholeness, multidimensionality, openness, and especially, purposefulness of systems. This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.

An Introduction to Islamic Law

Author: Wael B. Hallaq

Publisher: Cambridge University Press

ISBN: 1139489305

Category: Law

Page: N.A

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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.

The Politics of Islamic Law

Local Elites, Colonial Authority, and the Making of the Muslim State

Author: Iza R. Hussin

Publisher: University of Chicago Press

ISBN: 022632348X

Category: Political Science

Page: 352

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In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

An Introduction to Islamic Jurisprudence

Author: Daniel (Ghasem) Akbari

Publisher: AuthorHouse

ISBN: 1524669105

Category: Education

Page: 104

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What is Sharia? What does Islam teach? To what extent do ordinary Muslims know about and understand Islamic rules? How can one learn sharia in a simple, accurate way? How do Muslim scholars derive Sharia rules? The objective of the present book is to be a study course for law students who want to learn how to perform Islamic legal reasoning. The goal is to simplify the material to the point where students who are not professional Islamic scholars can, nevertheless, discuss and analyze sharia.

An introduction to Islamic law

Author: Joseph Schacht

Publisher: Oxford University Press

ISBN: N.A

Category: Religion

Page: 304

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This book presents a broad account of the present knowledge of the history and outlines the system of Islamic law. Showing that Islamic law is the key to understanding the essence of one of the great world religions, this book explores how it still influences the laws of contemporary Islamicstates, and is in itself a remarkable manifestation of legal thought.

An Introduction to Islamic Finance

Theory and Practice

Author: Zamir Iqbal,Abbas Mirakhor

Publisher: John Wiley & Sons

ISBN: 0470828110

Category: Business & Economics

Page: 256

View: 1525

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The first book to offer comprehensive coverage of Islamic finance and banking and its applications to the rest of the world, now fully revised and updated The ongoing international financial crisis has reignited debate over the development of a risk-sharing financial system, such as that required in Shariah Law. An Introduction to Islamic Finance: Theory and Practice, Second Edition highlights the core principles of risk sharing in Islam, arguing that a risk-sharing financial system is exactly what we need to promote greater financial stability. Providing comprehensive coverage of the fundamental theory behind Islamic finance and banking, according to the core concepts of Shariah law, authors Zamir Iqbal and Abbas Mirakhor clearly explain the distinct features of an Islamic financial system and how it compares with traditional financial models. Addressing the myriad important developments that have taken place in recent years, this second edition looks to the future, addressing emerging issues sure to influence future developments in Islamic finance. Explores the unique features of an Islamic financial system, how they compare to more traditional financial systems, and how they could improve them Discusses all the most recent developments and emerging issues in Islamic finance Updated with the latest developments, trends, innovations, and statistics, this new edition features additional chapters on the financial crisis, globalization, non-bank financial institutions, and recent developments in Takaful (Islamic insurance) The first edition of An Introduction to Islamic Finance established the book as the market leader, and this newly revised and updated second edition incorporates the most recent developments in this booming financial sector, including financial stability, globalization, and non-banking financial institutions.

Heaven on Earth

A Journey Through Shari'a Law

Author: Sadakat Kadri

Publisher: Random House

ISBN: 0099523272

Category: Islamic law

Page: 332

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This book is important because it is: Unique. Heaven on Earth offers a critique of extremism that is human rights-based and entertaining âe" combining the comparative approach of Karen Armstrong and the immediacy of Ed Husain (The Islamist) with storytelling. Timely. At a time of veil bans, Qurâe(tm)an burnings and English Defence League protests, Kadri voices a liberal view of Islamic history and shows Muslims working against repression. This book explains up-to-the-minute brutalities. Epic. Interviews, anecdotes, personal reflection and analysis are set against a narrative that sweeps from seventh-century Mecca to the war in Afghanistan. Civilisations are evoked via the vivid lives of caliphs, mystics, and travellers. Legal changes are described through the feuds, courtroom dramas, conquests and cataclysms that have left their mark on modern Islamic law. First-hand. On the road for five months, Kadri travelled through Iran just before the June 2009 election protests, and took part in a human rights conference there with ayatollahs and academics. Eye-opening. This book goes beyond the explosive headline issues (criminal justice, women, jihad, religious freedom) to reveal the stranger ones: genie exorcisms; the legal consequences of premature ejaculation; online fatwa advice; the sharia approach to Facebook and Qurâe(tm)anic mobile phone ringtones, etc. Bold. Heaven on Earth primarily targets religious extremism, but also cuts anti-Muslim panic down to size.

The Objectives of Islamic Law

The Promises and Challenges of the Maqasid al-Shari'a

Author: Idris Nassery,Rumee Ahmed,Muna Tatari

Publisher: Lexington Books

ISBN: 1498549942

Category: Religion

Page: 332

View: 2738

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This book captures the growing debate among Muslim scholars about the theory of the “Objectives of the Sharī‘a” (maqāṣid al-sharī‘a) and its role in reforming Islamic law. The book is divided into two parts—one highlighting the theory’s potential and the other its challenges.

A History of Islamic Law

Author: N. Coulson

Publisher: Routledge

ISBN: 9781138518261

Category: Islamic law

Page: 272

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Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.

What is the Sharia?

Author: Baudouin Dupret

Publisher: Oxford University Press

ISBN: 1787380912

Category: Social Science

Page: N.A

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In the West, "sharia" often calls to mind antiquated laws founded upon gender discrimination and barbaric punishments. In the East, for some it means the ideal standards by which Muslims strive to live; for others, it is the greatest obstacle to modernization of their societies. These clashing views sometimes lead to violence. Clarification of the term has therefore become an urgent necessity. Sharia is all of these things and much more. It is the legal system of Islam, a series of guidelines and prohibitions. But it is also a concept invested with a whole range of meanings, from the virtuous attributes of an "'ideal"' society, to the confinement of particular elements to otherness and adversity. Moving through history, society and Islamic thought to explore the sources of sharia law, Baudouin Dupret gets to the heart of its uses and abuses in the twentieth and twenty-first centuries. This short, accessible book provides an invaluable guide for those seeking to understand a matter more complex and pressing today than ever before.

Shariʻa Politics

Islamic Law and Society in the Modern World

Author: Robert W. Hefner

Publisher: Indiana University Press

ISBN: 0253223105

Category: History

Page: 329

View: 8921

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One of the most important developments in Muslim politics in recent years has been the spread of movements calling for the implementation of shari`a or Islamic law. Shari`ʻa Politics maps the ideals and organization of these movements and examines their implications for the future of democracy, citizen rights, and gender relations in the Muslim world. These studies of eight Muslim-majority societies, and state-of-the-field reflections by leading experts, provide the first comparative investigation of movements for and against implementation of shari`a. These essays reveal that the Muslim public's interest in shari`a does not spring from an unchanging devotion to received religious tradition, but from an effort to respond to the central political and ethical questions of the day.

An Introduction to the Islamic Shari?ah

Author: Sayyid Muhammad Rizvi

Publisher: CreateSpace

ISBN: 9781519344250

Category:

Page: 30

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In this text, Sayyid Muhammad Rizvi has outlined the fundamentals of Shari'ah and how to live by the teachings and laws of Islam. He discusses Taqlid, understanding of the laws and the reasoning behind them, and even the concept of Ijtihad.This book is one of the many Islamic publications distributed by Ahlulbayt Organization throughout the world in different languages with the aim of conveying the message of Islam to the people of the world. Ahlulbayt Organization (www.shia.es) is a registered Organization that operates and is sustained through collaborative efforts of volunteers in many countries around the world, and it welcomes your involvement and support. Its objectives are numerous, yet its main goal is to spread the truth about the Islamic faith in general and the Shi`a School of Thought in particular due to the latter being misrepresented, misunderstood and its tenets often assaulted by many ignorant folks, Muslims and non-Muslims. Organization's purpose is to facilitate the dissemination of knowledge through a global medium, the Internet, to locations where such resources are not commonly or easily accessible or are resented, resisted and fought! In addition, For a complete list of our published books please refer to our website (www.shia.es) or send us an email to [email protected]

Freedom of Expression in Islam

Author: Mohammad Hashim Kamali

Publisher: N.A

ISBN: N.A

Category: Religion

Page: 349

View: 5357

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Freedom of Expression in Islam is informative not only on the subject of the possibilities of freedom of expression within Islam, but also on the cultural tradition of Islam and its guidelines on social behaviour. Distinguished by its clarity and readability, this book is not only essential reading for anyone interested in Islamic law, in Muslim society or in issues of comparative jurisprudence, but is also an important contribution to the current debate concerning the definition and limits of the principle of free speech. Suitable for undergraduate and post-graduate courses in Islamic Studies, Comparative Jurisprudence and Political Theory.

Principles of Islamic Jurisprudence

Author: Mohammad Hashim Kamali

Publisher: N.A

ISBN: 9780946621811

Category: Religion

Page: 546

View: 3853

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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.

Shari_a

Islamic Law in the Contemporary Context

Author: Abbas Amanat,Frank Griffel

Publisher: Stanford University Press

ISBN: 0804779538

Category: Religion

Page: 264

View: 8739

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This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.