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The Rule of Law, Freedom of Expression and Islamic Law

The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

Islamic Criminal Law: Oxford Bibliographies Online Research Guide

This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.

Kamali writes in a clear, concise manner, making this article easy to read for
those without an extensive background in Islamic law. ▻Kirby, Michael. “
Fundamental Human Rights and Religious Apostasy: The Malaysian Case of
Lina Joy.

Understanding Islamic Law

The demand for a book like Understanding Islamic Law among law students and legal practitioners in America and throughout the English-speaking world is large and growing. Islamic Law is not merely a "hot topic". It is a growing trend that is an increasingly mainstream fixture in the legal landscape. There is nothing currently on the market for Law Schools, like Understanding Islamic Law, that is a comprehensive text, in English, by a non-Muslim law professor. The first 11 chapters of Understanding Islamic Law give the essential foundational materials for the study of Islamic Law. The remaining chapters cover several other pertinent fields: banking and finance, contracts, criminal law, family law, and property. Understanding Islamic Law also: • Includes Arabic terms, in English, with diacritical marks to assist in pronunciation; • Provides A Glossary of Arabic Terms; and • Incorporates recent developments such as the burkha ban in France. Understanding Islamic Law (Sharia) is a thorough and balanced text that can be used without supplementation in a one-semester Islamic Law course.

Understanding Islamic Law (Sharia) is a thorough and balanced text that can be used without supplementation in a one-semester Islamic Law course.

Islamic Law and the State

The Constitutional Jurisprudence of Shihāb Al-Dīn Al-Qarāfī

A discussion of the constitutional jurisprudence of an important Egyptian jurist of the M lik school, Shih b al-D n al-Qar f .

CHAPTER SIX DEFINING THE LEGAL JURISDICTION OF THE STATE:
AGAINST THE TYRANNY OF GOVERNMENT Where law ends, there begins
tyranny." I. General Introductory There is something intuitively compelling about
these words.

Islamic Public Law

Documents on Practice from the Ottoman Archives

“Islamic law contains explications and divisions that imply a classification in terms of public and private law. In this book we will explain the outlines of Islamic public law, e.g. First Chapter; Islamic constitutional law (al-siyāsah al-shar‘iyyah) and administrative law (al-siyāsah al-shar‘iyyah); Second Chapter; penal law (al-̒uqūbāt); Third Chapter; financial law (zakāt, ʻushr, ḫarāj and other taxes); Fourth Chapter; trial law (qaḍā), and Fifth Chapter: international public law (al-siyar). The fields of especially Islamic constitutional law, administrative law, financial law, ta‘zīr penalties, and arrangements concerning military law based on the restricted legislative authority vested by Sharī‘ah rules and those jurisprudential decrees based on secondary sources like customs and traditions and the public good (maslahah) all fell under what was variously called public law, al-siyāsah al-shar‘iyyah (Sharī‘ah policy), qānūn (legal code), qānūnnāmah, ‘orfī ḥuqūq etc. Since these laws could not go beyond Sharī‘ah principles either, at least in theory, they should not be regarded as a legal system outside of Islamic law. But Islamic penal law, financial law, trial law, and international law depend mostly on rules that are based directly on the Qur’an and the Sunnah and codified in books of fiqh (Islamic law) called Sharī‘ah rules, Sharʻ-i sharīf, or Sharī‘ah law. Such rules formed 85% of the legal system. In this book, we will focus on some controversial problems in the Muslim world today, such as the form of government in Islamic law and the relation between Islam and democracy. Islamic law does not stipulate a certain method of state government; nonetheless, we may say that the principles it decrees and its concept of sovereignty suggest a religious republic. As a matter of fact, Ḫulafā al-Rāshidūn (the Rightly Guided Caliphs), were both caliphs and religious republican presidents. We could say that this book has three main characteristics. i) We have tried to base our explanations directly on the primary Islamic law sources. For example, after reading some articles on the caliphate or tīmār system in articles or books by some Western scholars and even by some Muslim scholars, one might conclude that there are different views on these subjects among Muslim scholars. This is not true: Muslisms have agreed on the basic rules on legal subjects, but there are some conflicts regarding nuances and interpretations. If one reads works by Imām Gazzali, Ibn Taymiyyah, al-Māwardi, and al-Farrā’, one will not find any disagreement on the main rules, but there are some different interpretations of some concepts. We have tried to discover where they agreed and we have sometimes pointed to where they differed. ii) We have researched practices of Islamic law, especially legal documents in the Ottoman archives. For example, we explain ḥadd-i sariqa but also mention some legal articles from the Ottoman legal codes (qānunnāmes) and some Sharī‘ah court decisions like legal decrees (i‘lāmāt-i shar‘iyyah). It is well known that nobody can understand any legal system without implementing and practicing it. That also holds for Islamic law because theory alone does not yield a complete understanding of Sharī‘ah rules. iii) We have worked hard to correct some misconceptions and misunderstandings about Islamic law. That is why we appeal to the primary sources. For example, some scholars claim that the Ḥanafī jurist Imām Saraḫsī did not accept the idea of punishment for apostasy. We have studied his work al-Mabsūt and found this claim to be unfounded. The comparison between tīmār and fief is another example because the tīmār system is different from the fief system. Some scholars confuse the concept of sovereignty and governance. The Islamic state is not a theocratic state in the sense in which Europeans understand the term.”

In this book we will explain the outlines of Islamic public law, e.g. Islamic
constitutional law (aI-siydsah aI-shar'iyyah), administrative law (aI-siydsah aI-
shar'iyyah), penal law (alluqubdt), financial law [zakdt 'ushr, hard] and other taxes
), trial law ...

Islamic Law in Europe?

Legal Pluralism and its Limits in European Family Laws

Cultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.

Legal Pluralism: Normative Dimensions of Pluralistic Social Structures Ethnic
polarisation has intensified.1 There is some evidence that European systems of
family law do not take sufficient heed of certain interests that are presumed to be
 ...

Islamic Law and International Human Rights Law

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.

John B Bellinger III is a Partner at Arnold & Porter LLP in Washington, DC and
Adjunct Senior Fellow in International and National Security Law at the Council
on Foreign Relations; formerly the Legal Adviser to the US Department of State, ...

Women in Classical Islamic Law

A Survey of the Sources

Drawing on legal and ad th texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women s issues. All assumed a woman would marry and thus the book concentrates on women s family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qur n verses devoted to women s lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women s lives in and outside their homes. Throughout, jurists opinions are juxtaposed with relevant quotations from contemporaneous ad th collections.

PREFACE Given the many ways the author of a book on the history of women in
classical Islamic law can approach such a topic, it is important to establish at the
outset what this study does and does not do. In particular, it is not a social history,
 ...

Abrogation in the Qurʼan and Islamic Law

A Critical Study of the Concept of "naskh" and Its Impact

This book examines in detail the concept of "abrogation" in the Qur’an, which has played a major role in the development of Islamic law and has implications for understanding the history and integrity of the Qur’anic text. The term has gained popularity in recent years, as Muslim groups and individuals claim that many passages about tolerance in the Qur’an have been abrogated by others that call on Muslims to fight their enemies. Author Louay Fatoohi argues that this could not have been derived from the Qur’an, and that its implications contradict Qur’anic principles. He also reveals conceptual flaws in the principle of abrogation as well as serious problems with the way it was applied by different scholars. Abrogation in the Qur’an and Islamic Lawtraces the development of the concept from its most basic form to the complex and multi-faceted doctrine it has become. The book shows what specific problems the three modes of abrogation were introduced to solve, and how this concept has shaped Islamic law. The book also critiques the role of abrogation in rationalizing the view that not all of the Qur’anic revelation has survived in the "mushaf", or the written record of the Qur’an. This role makes understanding abrogation an essential prerequisite for studying the history of the Qur’anic text.

This book examines in detail the concept of "abrogation" in the Qur’an, which has played a major role in the development of Islamic law and has implications for understanding the history and integrity of the Qur’anic text.

Islamic Family Law in Australia

To Recognise Or Not To Recognise

In recent years, all over the western world, a conversation has begun about the role of Islamic law or Shariah in secular liberal democratic states. Often this has focused on the area of family law, including matters of marriage and divorce. Islamic Family Law in Australia considers this often-controversial issue through the lens of multiculturalism and legal pluralism. Primarily, its main objective is to clarify the arguments that have been made recently. In both Australia and overseas, debates have occurred which have been both controversial and divisive, but have rarely been informed by any detailed analysis of how Muslim communities in these countries are actually dealing with family law issues. Islamic Family Law in Australia responds to this need for accurate information by presenting the findings of the first empirical study exploring how Australian Muslims resolve their family law matters. Through the words of religious and community leaders as well as ordinary Australian Muslims, the book questions the assumption that accommodating the needs of Australian Muslims requires the establishment of a separate and parallel legal system. Islamic Studies Series - Volume 16

Through the words of religious and community leaders as well as ordinary Australian Muslims, the book questions the assumption that accommodating the needs of Australian Muslims requires the establishment of a separate and parallel legal ...