This thesis verifies that no laws in Islam are immutable. Immutability is only applicable to faith, values and ultimate goals in Shariah. Those laws which look immutable even in ritual part of the religion are not actually immutable and are subject to change under special circumstances. Islamic laws have been developed out of certain conditions and necessities of the time and space. This flexibility must be known as the essential feature of the Islamic law. The framework for this flexibility and change has been predicted and verified in the main sources of Shariah, i.e. the Quran, the Sunnah, Ijma, Qiyas, Aql and Urf. The primary source of the Islamic law (the Quran) is, in itself, flexible on the basis of the analysis that the Quranic legislation leaves room for flexibility in the evaluation of its injunctions. The Quran is not specific on the precise value of its injunctions, and it leaves open the possibility that a command in the Quran may sometimes imply an obligation, a recommendation or a mere permissibility. Commands and prohibitions in the Quran are expressed in a variety of forms which are often open to interpretation. The main devices for change predicted in Shariah are Ijtihad, Maslaha and Al-ahkam-al-thanaviiah (secondary rules). Chapter One discusses the concept and development of Ijtihad. In Chapter Two, the role of Ijtihad in providing the Shariah with flexibility will be analysed. Chapter Three outlines how in practice Ijtihad has been effective in making the Islamic law flexible. Chapter Four is devoted to the concept of Al-ahkam-al-thanaviiah (secondary rules) as it has been developed by Muslim jurists. Chapter five will deal with the theory of Maslaha as a dynamic device in Shariah. Finally, in chapter six, the role of Al-ahkam-al-thanaviiah and Maslaha in Islamic Iranian law will be examined as it has beeen developed over the years.
Weaves together international and comparative law, religion, international relations, comparative politics, and legal history to illuminate and address the theoretical and practical dimensions of a significant human rights problem.
Weaves together international and comparative law, religion, international relations, comparative politics, and legal history to illuminate and address the theoretical and practical dimensions of a significant human rights problem.
Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a few well publicised trials, however, the number and nature of cases tried under Islamic criminal law are little known. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. The introduction of Islamic criminal law was initiated by politicians and supported by Muslim reform groups, but its potential effects were soon mitigated on higher judicial levels and aspects of the law were contained by local administrators. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056296551.
Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a.
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 ...
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.
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.
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 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 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.
