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Law and Islam in the Middle East

"Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself," asserts renowned Islamic law scholar Joseph Schacht. At a time when Islamic fundamentalism is flourishing, the relation of religion to law-related behavior needs to be scrutinized. This volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle East nations. Eight chapters, contributed by experts in the field, and a cogent introduction by Dwyer deal with the practical intricacies of personal status law and assess law in the public domain.

A striking element in the cultural configurations that are grounded in Islam is the
primary place that law has within them. In Islam, law consists of a comprehensive
set of rules for human conduct as provided through Allah's command, with those
 ...

The Logic of Law Making in Islam

Women and Prayer in the Legal Tradition

This pioneering study examines the process of reasoning in Islamic law. By analyzing rulings from the Hanafi school, the author interrogates whether sacred law operated differently from secular law, why laws changed, and how different cultural and historical settings impacted on the development of legal rulings. The result is a fascinating overview of the evolution of Islamic law and the role of its jurists.

Introduction One sometimes encounters the idea that Islamic law captures the
spirit of Muslim civilization.1 It is thus not entirely unexpected to find a scholar
extracting sentences from the Qur'an, Hadith, or legal handbooks and thence ...

Islam, Law and Identity

The essays brought together in Islam, Law and Identity are the product of a series of interdisciplinary workshops that brought together scholars from a plethora of countries. Funded by the British Academy the workshops convened over a period of two years in London, Cairo and Izmir. The workshops and the ensuing papers focus on recent debates about the nature of sacred and secular law and most engage case studies from specific countries including Egypt, Israel, Kazakhstan, Mauritania, Pakistan and the UK. Islam, Law and Identity also addresses broader and over-arching concerns about relationships between religion, human rights, law and modernity. Drawing on a variety of theoretical and empirical approaches, the collection presents law as central to the complex ways in which different Muslim communities and institutions create and re-create their identities around inherently ambiguous symbols of faith. From their different perspectives, the essays argue that there is no essential conflict between secular law and Shari`a but various different articulations of the sacred and the secular. Islam, Law and Identity explores a more nuanced and sophisticated understanding of the tensions that animate such terms as Shari`a law, modernity and secularization

I. Secularism, religious faith and state law This collection invites the reader to turn
from the current obsession with the role of Islam in the modern world, and rethink
the relationship between law, faith and power; one of the most pressing ...

Islamic Law (RLE Politics of Islam)

Social and Historical Contexts

This book underlines the mutability of Islamic law and attempts to relate its substantive and institutional varieties and transformations to social, political, economic and other historical circumstances. The studies in the book range from discussion of the received wisdom in Islamic law to studies of legal institutions and the theoretical means employed by Islamic law for the accommodation of changing historical circumstances. First published in 1988.

The division of primary heirs into ranked classes based upon categories of
ascendants, des— cendants, and lateral relations which succeed in turn is, as we
haw2seen, not without parallel in the legal systems of late Antiquity. It bears a
certain ...

Islam and English Law

Rights, Responsibilities and the Place of Shari'a

Should England adopt shari'a law? Does Islam threaten British ideals? Lawyers, theologians and sociologists provide here a constructive, forward-looking dialogue.

For all the sensationalism stirred by the term jihad, this is its indisputable
definition in Islamic theology and law. The meaning of jihad is both this
straightforward and simple and also this complex and indeterminate. jihad could
be in the form of ...

Women, Islam and International Law

Within the Context of the Convention on the Elimination of All Forms of Discrimination Against Women

Islam and womena (TM)s human rights entertain an uneasy relationship. Much has been written on the subject. This volume addresses it from a new perspective. It attempts to define some basis for constructive dialogue and interaction in the context of international law and, more precisely, in the context of participation of many Muslim States in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. Having discovered a constructive potential in both Islam and womena (TM)s human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim Statesa (TM) participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and womena (TM)s human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.

955 I. APPROACHING CONCLUSIONS The analysis made above clearly
demonstrated that introduction oflaws based on Islam in relation to the status of
women should not necessarily mean safeguarding and promotion of
discriminatory ...

Disability in Islamic Law

The book analyzes attitudes to people with various disabilities based on Muslim jurists’ works in the Middle Ages and the modern era. Very little has been written so far on people with disabilities in a general Islamic context, much less in reference to Islamic law. The main contribution of the book is that it focuses on people with disabilities and depicts the place and status that Islamic law has assigned to them.

The general Islamic ethics of life as it emerges from the Qur'an and the Sunna,
and the spirit of Islamic law, emphasize the importance of the preservation of the
wholeness and dignity of the human body. From a theological point of view a ...

Rule of Law, Islam, and Constitutional Politics in Egypt and Iran, The

A comparative analysis of the ways in which Islam has become entangled with the process of democratization in both Egypt & Iran, authoritarian regimes that have faced increasing demands for reform.

Islam. in. Egypt's. Cacophonous. Constitutional. Order. Nathan. ]. Brown. In
previous writings, I explored the origin of Egypt's constitutional texts as well as
the way that one important body—the Supreme Constitutional Court—has
interpreted ...

The Law of Attraction in Islam

What is the Islamic perspective on the Law of Attraction? This is a short article on the subject.

I will tell you what the secret and what the Law of Attraction are, then I will explain
that the belief in this so-called secret, which was told about by our Prophet and
revealed in the Quran in the most simple and expressive ways, is in fact essential
 ...

Law and Piety in Medieval Islam

The Ayyubid and Mamluk periods were two of the most intellectually vibrant in Islamic history. Megan H. Reid's book, which traverses three centuries from 1170 to 1500, recovers the stories of medieval men and women who were renowned not only for their intellectual prowess but also for their devotional piety. Through these stories, the book examines trends in voluntary religious practice that have been largely overlooked in modern scholarship. This type of piety was distinguished by the pursuit of God's favor through additional rituals, which emphasized the body as an instrument of worship, and through the rejection of worldly pleasures, and even society itself. Using an array of sources including manuals of law, fatwa collections, chronicles, and obituaries, the book shows what it meant to be a good Muslim in the medieval period and how Islamic law helped to define holy behavior. In its concentration on personal piety, ritual, and ethics the book offers an intimate perspective on medieval Islamic society.

Introduction Devotional Piety and Islamic Law Ahmad Ibn Taymiyya, the famous
fourteenth-century jurist known today as the watchdog of Islamic orthodoxy, had a
brother named 'Abd Allah, Who appears in medieval biographical dictionaries ...