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Islamic Law

The Sharia from Muhammad’s Time to the Present

The sharia is a set of traditional laws that define a Muslim’s obligations to God and his fellow human beings. Westerners often misunderstand the nature of the sharia, born as it is of a complicated legal and academic tradition that may not always seem relevant to today’s world. Written for those unfamiliar with Islam, this volume provides an accurate and objective assessment of the sharia’s achievements, shortcomings and future prospects. It explores the fundamentals of Islam and traditional sharia laws. In addition, the sharia is discussed with respect to Ottoman law, puritanism and jihad. The sharia’s relevance to today’s world events is also explored. Among items provided in appendices are a commentary on a Western translation of the concept of jihad and an analysis of the sharia in 29 selected countries.

We noted at the beginning of this book that Islamic culture is a legal culture. This
fact brought great stability to Islamic life but it also became an enormous liability
when the rise and expansion of the West made legal reform imperative for the ...

Religious Liberty in Western and Islamic Law

Toward a World Legal Tradition

In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.

compounded by the creation of documents such as the Universal Islamic
Declaration of Human Rights and the Cairo Declaration on Human Rights in
Islam, both of which diverge from international legal standards of religious
freedom and both ...

The Reconciliation of the Fundamentals of Islamic Law

Al-Muwafaqat Fi Usul Al-Shari'a

First published in 1884 in Tunis, The Reconciliation of the Fundamentals of Islamic Law (or al-Muwafaqat fi Usul Al-Sharai'a), written by Ibrahim ibn Musa Abu Ishaq al-Shatibi, was an innovation in Islamic jurisprudence. It was the first book to address the objectives of the shari'a. The difficulty that some may find in comprehending some of its parts may be attributed to the fact that it was the first time that the codification of the maqasid or objectives of the shari'a was undertaken. The book has been a source of inspiration, moderation, and renewal in fiqh. However, it deals with much more than the maqasid, and substantial research is needed to unravel its full contribution. The author described the contents of his book as follows: When the concealed secrets began to be revealed...I started collecting their unique meanings...I did this to the extent of my ability and strength, while elaborating the purposes of the Book (Qur'an) and the Sunna...organizing these precious gems and gathering these benefits into meanings that have re-course to the principles helping in their comprehension and attachment, and I merged them with the interpretation of principles of fiqh and organized them on a shining and radiant string. The resulting book is divided into in five parts: the fundamental concepts of the discipline; the ahkam (rules) and what is related to them; the legal purposes of the shari'a and the ahkam related to them; the comprehensive treatment of the adilla (evidences); and the rules of ijtihad and taqlid. This current Volume I - now available in paperback - covers the first two parts described above by the author. The translation of the third part, dealing with the purposes of the shari'a, will be presented in the forthcoming Volume II. (Series: The Great Books of Islamic Civilization)

Subsequent abrogation (naskh) does not remove this meaning due to the
existence of all of them up until now having been confirmed by Islam, like qirad (
mudaraba partnership), the rule for the eunuch with respect to inheritance and so
on.

The Origins and Evolution of Islamic Law

Long before the rise of Islam in the early seventh century, Arabia had come to form an integral part of the Near East. This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms. The development of the judiciary, legal reasoning and legal authority during the first century is discussed in detail as is the dramatic rise of prophetic authority, the crystallization of legal theory and the formation of the all-important legal schools. Finally the book explores the interplay between law and politics, explaining how the jurists and the ruling elite led a symbiotic existence that - seemingly paradoxically - allowed Islamic law and its application to be uniquely independent of the 'state'.

This book, covering more than three centuries of legal history, presents an important account of how Islam developed its own law while drawing on ancient Near Eastern legal cultures, Arabian customary law and Quranic reforms.

Democratization and Islamic Law

The Sharia Conflict in Nigeria

When democracy was introduced to Nigeria in 1999, one-third of its federal states declared that they would be governed by sharia, or Islamic law. This work argues that such a break with secular constitutional traditions in a multireligious country can have disastrous consequences

This work argues that such a break with secular constitutional traditions in a multireligious country can have disastrous consequences

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 ...