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Islamic Law and Society in the Sudan

First published in 2008. Routledge is an imprint of Taylor & Francis, an informa company.

CHAPTER FOUR Perhaps no other topic in Islamic law has drawn such attention
in the West as that of the purported low status of women in Muslim law and
society alike. The Muslim woman is stereotyped as docile, passive and
subjugated by ...

International Human Rights and Islamic Law

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.

This volume examines the important question of whether or not international human rights and Islamic law are compatible.

THE SCIENCE OF THE PRINCIPLES OF ISLAMIC JURISPRUDENCE (THE METHODOLOGY OF ISLAMIC LAW)

علم أصول الفقه [انكليزي]

Islamic Law and Civil Code

The Law of Property in Egypt

Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.

Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code.

The Formation of Islamic Law

Cover -- Half Title -- Title -- Copyright -- Contents -- Acknowledgements -- General Editor's Preface -- Introduction -- 1. The Arab Conquests and the Formation of Islamic Society -- 2. Pre-Islamic Background and Early Development of Jurisprudence -- 3. Foreign Elements in Ancient Islamic Law -- 4. The Birth-Hour of Muslim Law?: An Essay in Exegesis -- 5. Two Legal Problems Bearing on the Early History of the Qur'ān -- 6. Unconditional Manumission of Slaves in Early Islamic Law: A Ḥadīth Analysis -- 7. The Role of Non-Arab Converts in the Development of Early Islamic Law

The Arab Conquests and the Formation of Islamic Society -- 2. Pre-Islamic Background and Early Development of Jurisprudence -- 3. Foreign Elements in Ancient Islamic Law -- 4. The Birth-Hour of Muslim Law?: An Essay in Exegesis -- 5.

The Spirit of Islamic Law

The volume outlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of the fallibility of human endeavor to capture divine intent; a toleration of legal diversity; a moralistic bent grounded in a particular social vision; and finally, a preoccupation with the affairs of private individuals - especially family relations and contracts - coupled with a concern to define the limits of governmental power.

The volume outlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of ...

Islamic Law Practice and Procedure in Nigerian Courts

Islamic Law Practice and Procedure in Nigerian Courts is about the rules of practice, procedure and evidence in trials of civil and criminal cases before Area Courts, Sharia Courts, Upper Area Courts, Upper Sharia Courts, Sharia Courts of Appeal, Court of Appeal and indeed Supreme Court of Nigeria in matters concerning application of Islamic law and practice. The subject of the book is copiously elucidated for the first time with verity of dictas from the reported cases from superior courts in Nigeria. It is of nineteen chapters with a number of parts and paragraphs to make for easy application. The book is designed to ensure quick dispensation of justice without sacrificing the need for fair hearing. A must for judges, advocates and students of Islamic law and practice.

The subject of the book is copiously elucidated for the first time with verity of dictas from the reported cases from superior courts in Nigeria. It is of nineteen chapters with a number of parts and paragraphs to make for easy application.

The Islamic Law of Personal Status

This huge piece of legislation promulgated in September 1993 represents the culmination of a major project aimed at producing comprehensive unified regulation of all areas of commercial activity. In the introductory chapter to the law, which concerns its application, it is stipulated that commercial matters with regard to which specific federal laws are promulgated shall be subject to the provisions of these laws & to such provisions of the present law as do not conflict with them (Article 3). The main body of the law commences with definitions of what constitutes commercial activity: these persons who shall be deemed to be traders, & the conditions of eligibility to engage in trade. It sets out the requirements of accounting & record keeping which are obligatory for all traders. There is comprehensive legislation of a range of general commercial matters such as commercial houses, trade names, commercial data, commercial obligations & contracts, sale on deferred terms, sale at action, international sales, commercial pledges & deposits in public depositories. Following this there is detailed regulation of several of the most important specific areas of commercial activity including the different forms of commercial agency, commercial representation, brokerage & carriage of goods & persons. The large section of banking operations is systematic & exhaustive, as is the regulation of actions & transactions involving commercial & financial documents. The last section deals with bankruptcy, composition to avert bankruptcy, the procedures & administration of bankruptcy & its consequences. Article 196 states that the establishment of a Stock Exchange will be subject to the agreement of the Council of Ministers & promulgation of a Federal Law regulating the activity of the Exchange. The Law is presented in a comprehensive & consistent manner & is clear & accessible. An invaluable reference to all those who have business interests in or with the United Arab Emirates.

Although the Islamic law courts, known as the Sharia Courts, have been
abolished as a separate entity in Egypt and Tunisia, the original Islamic law,
known simply as Sharia, is still applicable in its entirety in the Arabian Peninsula.
It is Sharia ...

Yearbook of Islamic and Middle Eastern Law

2001-2002

The Yearbook of Islamic and Middle Eastern Law is the flagship publication of the Centre of Islamic and Middle Eastern Law (CIMEL) of the school of Oriental and African Studies (SOAS) in London. It is increasingly regarded as the leading international forum for commentary on, and analysis of, emerging issues in a field of study of everincreasing global significance. There is no more useful and thorough pricis of what has happened in Islamic and Middle Eastern law over the last year. With Volume 8 -and the advent of Martin Lau as co-editor with Eugene Cotran- the Yearbook begins an expansion of its purview into non-Arab Islamic countries, beginning in this volume with essays covering issues in Afghanistan and Kenya. The Yearbook will continue to be an authorative source of insightful commentary and scholarship on relevant developments wherever the influence of Islamic law is felt.

The Promissory Theory of Contracts in Islamic Law Hussein Hassan * 1
INTRODUCTION The conception of “ contract as promise ” or what is sometimes
called the promise theory of contract dominates mainstream contract theory .
According to ...

Islamic Law in Palestine and Israel

A History of the Survival of Tanzimat and Sharīʻa in the British Mandate and the Jewish State

These were the Ottoman Law of Family Rights ( OLFR ) and the Ottoman Law of
Procedure for Sharīéa Courts ( OLPSC ) . The Muslim Religious community , no
longer the religious norm , had already been reduced to majority status among ...