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Politics, Law, and Community in Islamic Thought

The Taymiyyan Moment

This study reassesses the influence and philosophy of Ibn Taymiyya, one of the greatest medieval Islamic theologians.

Conclusion The first century or so of Islam can rightly be understood as the era of
politics. Islam's nascent but triumphant community faced its many challenges with
practical reason and missionary zeal. In the qur'anic ideal, the Community of ...

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.

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.

Islamic Law and Society in the Sudan

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

However some may wish, for legal purposes, to have the act of conversion to
Islam take place in court. I witnessed such a conversion in Khartoum Second
Class court on 27 January 1980, and herewith summarize its legal–religious
features.

The Application of Islamic Criminal Law in Pakistan

Sharia in Practice

No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.

Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice.

Women and Islamic Law in a Non-Muslim State

A Study Based on Decisions of the Sharīʻa Courts in Israel

This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times. Aharon Layish examines every aspect of the social status of Muslim women that fi nds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis toward Israeli legislation? Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization. "I found the book both informative and suggestive. Not only does it provide specifi c information about the problems involved in the application and manipulation of a number of different legal codes dealing with family roles and relationships, but it throws some light on the evolution of the traditional, patrilineal, patriarchal family in its adaptation to an alien sociopolitical environment. This subject lies at the very heart of all studies of the global process called 'modernization.'"-Amal Rassam, American Journal of Sociology

Maintenance out of the estate is unknown in Islamic law. The widow is not
entitled to maintenance out of her husband's estate; according to the sharfa, she
takes a share of it. 1 2 8 Her maintenance is the responsibility of her children.
However ...

Islamic Law of the Sea

Freedom of Navigation and Passage Rights in Islamic Thought

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.

Religious Pluralism and Islamic Law

Dhimmis and Others in the Empire of Law

978-0-19-966163-3

Additionally, framing Sharīʿa as Rule of Law reveals a dynamic that goes
beyond the rariied notion of Sharīʿa as a repository of ancient doctrines, and
presents a complex image of Sharīʿa that deies neat dichotomies between law
and ...

Islamic Law in Action

Authority, Discretion, and Everyday Experiences in Mamluk Egypt

A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.

Dispensing Justice in Islam, 1–44; Hallaq, The Origins and Evolution of Islamic
Law, 57–101. For an introduction to the position of mufti, see Masud, Messick,
and Powers, “Muftis, Fatwas, and Islamic Legal Interpretation,” in idem (eds.),
Islamic ...

Democracy in Islamic and International Law

Following the rise of Islamic fundamentalism, Muslim nations have been placed in the spotlight of international debate; the prevailing understanding is that democracy and Islam are fundamentally incompatible. This verdict is particularly damning in light of the trend in International Law which, since the collapse of communism in Eastern Europe, has equated democracy with human rights. Yet, a thorough analysis of the debate, taking into account the historical and theoretical bases of liberal democracy — the cultural, legal, and political development of Islam, and the extent to which the politics of Islamic countries represents the politics of Islam — reveals that democracy and Islam are, in fact, fundamentally compatible. In practice, Islamic Law can be applied alongside developments in democratic representations and human rights.

Dr. Ibrahim S Alharbi. Abstract Following the rise of Islamic fundamentalism,
Muslim nations have been placed in the spotlight of international debate; the
prevailing understanding is that democracy and Islam are fundamentally
incompatible.

Law and Tradition in Classical Islamic Thought

Studies in Honor of Professor Hossein Modarressi

Bringing together essays on topics related to Islamic law, this book is composed of articles by prominent legal scholars and historians of Islam. They exemplify a critical development in the field of Islamic Studies: the proliferation of methodological approaches that employ a broad variety of sources to analyze social and political developments.

The contributions in Part Three cover Islamic legal traditions and address
controversies surrounding varied legal methodologies in different contexts. Baber
Johansen traces traditionsof legal pluralismanddissentin uṣū l alfiqh (
jurisprudential) ...