Positive Law from the Muslim World

Positive Law from the Muslim World
Title Positive Law from the Muslim World PDF eBook
Author Baudouin Dupret
Publisher Cambridge University Press
Total Pages 329
Release 2021-06-24
Genre Law
ISBN 1108845215

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Dupret explores how the concept of positive law operated in the Muslim world.

Law Reform in the Muslim World

Law Reform in the Muslim World
Title Law Reform in the Muslim World PDF eBook
Author James Norman Dalrymple Anderson
Publisher Burns & Oates
Total Pages 256
Release 1976
Genre Law
ISBN

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Understanding Sharia

Understanding Sharia
Title Understanding Sharia PDF eBook
Author Raficq S. Abdulla
Publisher Bloomsbury Publishing
Total Pages 352
Release 2018-04-30
Genre Religion
ISBN 1786734052

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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.

Islamic Human Rights and International Law

Islamic Human Rights and International Law
Title Islamic Human Rights and International Law PDF eBook
Author Glenn L. Roberts
Publisher Universal-Publishers
Total Pages 128
Release 2006-12
Genre Law
ISBN 1581123477

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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."

Criminal Law in Islam and the Muslim World

Criminal Law in Islam and the Muslim World
Title Criminal Law in Islam and the Muslim World PDF eBook
Author Tahir Mahmood
Publisher
Total Pages 504
Release 1996
Genre Criminal law
ISBN 9788185220260

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Modern Perspectives on Islamic Law

Modern Perspectives on Islamic Law
Title Modern Perspectives on Islamic Law PDF eBook
Author E. Ann Black
Publisher Edward Elgar Publishing
Total Pages 319
Release 2013-01-01
Genre Religion
ISBN 0857934473

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'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.

Heaven on Earth

Heaven on Earth
Title Heaven on Earth PDF eBook
Author Sadakat Kadri
Publisher Farrar, Straus and Giroux
Total Pages 387
Release 2012-04-10
Genre Religion
ISBN 1466802189

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Heaven on Earth is a vivid, revealing, and essential narrative history of shari'a law--the widely contested and misunderstood code of Islamic justice--and how the application of its concepts has changed over time and, with it, the face of Islam. Some fourteen hundred years after the Prophet Muhammad first articulated God's law--the shari'a--its earthly interpreters are still arguing about what it means. Hard-liners reduce it to amputations, veiling, holy war, and stonings. Others say that it is humanity's only guarantee of a just society. And as colossal acts of terrorism made the word "shari'a" more controversial than ever in the early twentieth century, the legal historian and human rights lawyer Sadakat Kadri realized that many people in the West harbored ideas about Islamic law that were hazy or simply wrong. Heaven on Earth describes his journey, through ancient texts and across modern borders, in search of the facts behind the myths. Kadri brings lucid analysis and enlivening wit to the turbulent story of Islam's foundation and expansion, showing how the Prophet Muhammad's teachings evolved gradually into concepts of justice. Traveling the Muslim world to see the shari'a's principles in action, he encounters a cacophony of legal claims. At the ancient Indian grave of his Sufi ancestor, unruly jinns are exorcised in the name of the shari'a. In Pakistan's madrasas, stern scholars ridicule his talk of human rights and demand explanations for NATO drone attacks in Afghanistan. In Iran, he hears that God is forgiving enough to subsidize sex-change operations--but requires the execution of Muslims who change religion. Yet the stories of compulsion and violence are only part of a picture that also emphasizes compassion and equity. Many of Islam's first judges refused even to rule on cases for fear that a mistake would damn them, and scholars from Delhi to Cairo maintain that governments have no business enforcing faith. The shari'a continues to shape explosive political events and the daily lives of more than a billion Muslims. Heaven on Earth is a brilliantly iconoclastic tour through one of humanity's great collective intellectual achievements--and an essential guide to one of the most disputed but least understood controversies of modern times.