The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.
Exploring God's law: Muhammad ibn Ahmad ibn Abi Sahl al-Sarakhsi on zakat
NORMAN CALDER I Literary works within the genre of furu' al-fiqh are
characterised by two major hermeneutical constraints. The primary constraint is
that of ...
Islam is an all inclusive way of life which covers the intellectual and the real, the theoretical and the practical. The major part of the Islamic code of practice and behaviour is formalised in the discipline of Islamic law which established itself as a discipline before other Islamic disciplines. The early Muslim jurisconsultants are to be credited as the pioneers of the development of the Islamic legal system. Shaikh Mohammad ibn Hasan ibn Ali Abu Ja'far al-Tusi (385-460AH/995-1067AD), who was given the honorary title of Shaikh al-Taifat al-Imamiyyah (The Head of the Shia Islamic School) was at the forefront of these pioneers. This book has been recognised as one of the major early sources, references and textbooks in the field of Islamic Law in general and of Shi'a Islamic law in particular. The book has been translated, edited and introduced by Professor A Ezzati.
Written by one of the pioneers of the development of the Islamic legal system, Sheikh Mohammad ibn Hasan ibn Ali Abu Jafar al-Tusi, this work was recognised as one of the major early sources of, references for, and textbooks on Islamic law ...
In this pioneering work, Siraj Sait and Hilary Lim address Islamic property and land rights drawing on a range of socio-historical, classical and contemporary debates and their practice. They address the significance of Islamic theories of property and Islamic land tenure regimes on the "webs of tenure" prevalent in the Muslim societies. They consider the possibilities with Islamic legal and human rights systems for the development of inclusive, pro-poor and innovative approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of "authentic" Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Far from invoking a set of arbitrary proportions for property division , the Islamic
inheritance rules seek to support a conscious socio - economic religious ideology
. They ensure that a range of family members are able to access property ...
worship , to be encouraged as a genuine source and means of piety ; and Islam
as politics , repellent to Snouck Hurgronje and to some other Europeans . Islam
as politics contradicted European notions of what a liberal , civil society ought to ...
Gender and Islamic Law in Ottoman Syria and Palestine
In an rewarding new study, Tucker explores the way in which Islamic legal thinkers understood Islam as it related to women and gender roles. In seventeenth and eighteenth century Syria and Palestine, Muslim legal thinkers gave considerable attention to women's roles in society, and Tucker shows how fatwas, or legal opinions, greatly influenced these roles. She challenges prevailing views on Islam and gender, revealing Islamic law to have been more fluid and flexible than previously thought. Although the legal system had a consistent patriarchal orientation, it was modulated by sensitivities to the practical needs of women, men, and children. In her comprehensive overview of a field long neglected by scholars, Tucker deepens our understanding of how societies, including our own, construct gender roles.
In the House of the Law examines how law, in both theory and practice, shaped gender roles in Palestine and Syria during the seventeenth and eighteenth centuries.
This book explores the legal structure of the Ottoman Empire between the sixteenth and early nineteenth centuries and examines its association with the Empire's sociopolitical structure. The author's main focus is on the relationship between formal Islamic law and the law as it was actually administered in seventeenth- and eighteenth-century Istanbul and its environs. Using court records, other primary archival documents, and little-used Islamic literature, Gerber establishes for the first time that large bodies of the law were indeed practiced and enforced as law. This refutes the ethnocentric Western view, propagated by Max Weber, that Islamic law was dispensed arbitrarily because of a widening gap between ossified Muslim law and a changing Muslim society. Gerber furthermore integrates his empirical research into a wider theoretical framework adapted from legal and historical-legal anthropology and uses this material as the basis for comparisons between the Ottoman Empire's legal system and other legal systems, most notably that of Morocco. This book shows that although Islamic law as practiced did have to contend with an inviolable sacred core, historical development nevertheless took place that can shed new light on the civilization of Islam.
Engaging Self-Centrism from a Plurality of Perspectives
Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.
EDITORS AND CONTRIBUTORS Muddathir 'Abd al-Raḥīm is Professor of
Political Science and Islamic Studies at the International Institute of Islamic
Thought and Civilization (ISTAC/IIUM), Malaysia. Formerly, UNESCO Senior
Expert in ...
2 The Sharia and Siyar in the Development of the Law of Nations
INTRODUCTION OUR EARLIER EXAMINATION has highlighted the complexities
inherent in enunciating absolute principles of the Sharia and the Siyar.1
Notwithstanding ...
Rival tribes lost in ignorance and ongoing battles, who worshiped idols, changed
what was within under the teachings of Islam and united as brothers and sisters
to achieve the highest forms of moral and spiritual standards. Then they lead the
...
