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Women in Classical Islamic Law

A Survey of the Sources

Drawing on legal and ad th texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women s issues. All assumed a woman would marry and thus the book concentrates on women s family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qur n verses devoted to women s lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women s lives in and outside their homes. Throughout, jurists opinions are juxtaposed with relevant quotations from contemporaneous ad th collections.

PREFACE Given the many ways the author of a book on the history of women in
classical Islamic law can approach such a topic, it is important to establish at the
outset what this study does and does not do. In particular, it is not a social history,
 ...

Abrogation in the Qurʼan and Islamic Law

A Critical Study of the Concept of "naskh" and Its Impact

This book examines in detail the concept of "abrogation" in the Qur’an, which has played a major role in the development of Islamic law and has implications for understanding the history and integrity of the Qur’anic text. The term has gained popularity in recent years, as Muslim groups and individuals claim that many passages about tolerance in the Qur’an have been abrogated by others that call on Muslims to fight their enemies. Author Louay Fatoohi argues that this could not have been derived from the Qur’an, and that its implications contradict Qur’anic principles. He also reveals conceptual flaws in the principle of abrogation as well as serious problems with the way it was applied by different scholars. Abrogation in the Qur’an and Islamic Lawtraces the development of the concept from its most basic form to the complex and multi-faceted doctrine it has become. The book shows what specific problems the three modes of abrogation were introduced to solve, and how this concept has shaped Islamic law. The book also critiques the role of abrogation in rationalizing the view that not all of the Qur’anic revelation has survived in the "mushaf", or the written record of the Qur’an. This role makes understanding abrogation an essential prerequisite for studying the history of the Qur’anic text.

This book examines in detail the concept of "abrogation" in the Qur’an, which has played a major role in the development of Islamic law and has implications for understanding the history and integrity of the Qur’anic text.

Islamic Family Law in Australia

To Recognise Or Not To Recognise

In recent years, all over the western world, a conversation has begun about the role of Islamic law or Shariah in secular liberal democratic states. Often this has focused on the area of family law, including matters of marriage and divorce. Islamic Family Law in Australia considers this often-controversial issue through the lens of multiculturalism and legal pluralism. Primarily, its main objective is to clarify the arguments that have been made recently. In both Australia and overseas, debates have occurred which have been both controversial and divisive, but have rarely been informed by any detailed analysis of how Muslim communities in these countries are actually dealing with family law issues. Islamic Family Law in Australia responds to this need for accurate information by presenting the findings of the first empirical study exploring how Australian Muslims resolve their family law matters. Through the words of religious and community leaders as well as ordinary Australian Muslims, the book questions the assumption that accommodating the needs of Australian Muslims requires the establishment of a separate and parallel legal system. Islamic Studies Series - Volume 16

Through the words of religious and community leaders as well as ordinary Australian Muslims, the book questions the assumption that accommodating the needs of Australian Muslims requires the establishment of a separate and parallel legal ...

Maqasid Al-shariah as Philosophy of Islamic Law

A Systems Approach

In this path breaking study, Jasser Auda presents a systems approach to the philosophy and juridical theory of Islamic law based on its purposes, intents, and higher objectives (maqasid). For Islamic rulings to fulfill their original purposes of justice, freedom, rights, common good, and tolerance in today's context, Auda presents maqasid as the heart and the very philosophy of Islamic law. He also introduces a novel method for analysis and critique, one that utilizes relevant features from systems theory, such as, wholeness, multidimensionality, openness, and especially, purposefulness of systems. This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.

This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, ...

The Oxford Handbook of Islamic Law

This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an idealintroduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate thecontested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.

This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies.

Islamic Law on Peasant Usufruct in Ottoman Syria

17th to Early 19th Century

Drawing on Hanafi legal texts from Ottoman Syria between the 17th and early 19th centuries, this book examines how jurists balanced the rights and obligations of tenants and landlords on state and waqf lands, contributing in the process to the dynamism of the law and the adaptability and longevity of the Ottoman land system.

However, the evolution of the qanūn-sharīʿa relationship, particularly after the
sixteenth century, has also been characterized by instances of tension, with
Islamic legal officials either directly or indirectly challenging the jurisdiction of
qanūn.

The Flexibility of Shariah (Islamic Law), with Reference to the Iranian Experience

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.

This thesis verifies that no laws in Islam are immutable.

Religious Liberty in Western and Islamic Law

Toward a World Legal Tradition

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.

Islamic Criminal Law in Northern Nigeria

Politics, Religion, Judicial Practice

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.

Islamic Law and Society in the Sudan

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

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 ...