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The Reinstatement of Islamic Law in Sudan under Numayrī

An Evaluation of a Legal Experiment in the Light of its Historical Context, Methodology, and Repercussions

This study analyzes the reinstatement of Islamic law in Sudan under Numayrī in the light of its historical context, sources of inspiration, methodology and repercussions, with special reference to the judge as an instrument for implementing the governmental Islamist policy.

This study analyzes the reinstatement of Islamic law in Sudan under Numayrī in the light of its historical context, sources of inspiration, methodology and repercussions, with special reference to the judge as an instrument for ...

Shari'a (Islamic Law): Oxford Bibliographies Online Research Guide

This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.

In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need.

Crime and Punishment in Islamic Law

Theory and Practice from the Sixteenth to the Twenty-first Century

This is an account of the theory and practice of Islamic criminal law.

This is an account of the theory and practice of Islamic criminal law.

Doubt in Islamic Law

This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.

This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.

ISLAMIC LAW AND GOVERNANCE

THEORY AND PRACTICE : DISPELLING MISUNDERSTANDING AND MISAPPLICATION OF ISLAMIC LAW AND ITS SYSTEM OF GOVERNANCE

Many in the West think that they know about Islamic law and its system of governance. But they are victims of the illusion of knowledge. They receive false knowledge from Islamophobics who refuse to acquire or acknowledge true knowledge. Misapplication of Islamic law and its system of governance in many Muslim majority states re-enforces this false knowledge. Misunderstanding must be illuminated with knowledge. Islamic law and its system of governance misapplication must be clarified. This is the goal of the book. Because this book utilizes only the most authentic sources of Sunni Islam to defeat ignorance, it poses a great challenge to the Islamophobia's demagogue. This book uproots years of Islamophobic work seeking to spread ignorance and hatred of Islam. To be sure, this book is neither an apology, propaganda, nor a work of advocacy. It aims only to illustrate what Sunni Muslims believe of Islamic law and its Ideal system of governance. Neither wrong practices of Islamic law and its system of governance nor the smokescreen of Islamophobia should control our understanding of the subject matter. A simple analogy may clarify the issue at hand. A distinction ought to be made between the car and the driver. A distinction must be made between Islamic law and its system of governance on one hand and the common misunderstandings and misrepresentation by Muslim majority States.

This is the goal of the book. Because this book utilizes only the most authentic sources of Sunni Islam to defeat ignorance, it poses a great challenge to the Islamophobia's demagogue.

Islamic Law in Malaysia

The Challenges of Implementation

This book examines the challenges of the implementation of Islamic law in Malaysia. Malaysia is a pertinent jurisdiction to explore such challenges given its global focus, colonial history and institutions, and the intersection of the Shari’ah and secularism/multiculturalism. The resultant implementation challenges are underpinned by three factors that make Malaysia an important jurisdiction for those interested in understanding the place of Islamic law in the global context. First, Malaysia is often considered as a model Islamic country. Islamic law is a source of law in Malaysia. The Islamic law legal system in Malaysia operates in parallel with a common law legal system. The two systems of law generally are in harmony with one another. Nevertheless, occasional cross-jurisdictional issues do arise, and when they do, the Malaysian judiciary has been quite efficient in solving them. The Malaysian experience in maintaining such harmony between the two legal systems provides lessons for a number of countries facing such challenges. Second, Malaysia has a developed Shari’ah court system that interprets and applies Islamic law predominantly based on the Shafi’i school of thought. While, for the most part, the approach has been successful, there have been times when the implementation of the law has raised concerns as to the compatibility of Islamic law with modern principles of human rights and common law-based values. Third, there have been cases where Islamic law implementation in Malaysia has gained global attention due to the potential for wider international implications. To do justice to this complex area, the book calls on scholars and practitioners who have the necessary expertise in Islamic law and its implementation. As such, this book provides lessons and direction for other countries that operate a dual system of secular and Islamic laws.

As such, this book provides lessons and direction for other countries that operate a dual system of secular and Islamic laws. This book examines the challenges of the implementation of Islamic law in Malaysia.

Modernity and the General Philosophy of Islamic Law.

Social changes demand the legal changes in Islamic law: Some theoretical and pragmatic arguments by DR SLM RIFAIHow does Islamic law respond to social changes? This has been one of the challenging questions in Islamic legal history. Muslim legal theorists have been debating this since the formative period of the Islamic legal thought. The sources of Islamic law are limited in certain scriptural texts, historical legal precedents and supplementary legal sources. Yet, human challenges and problems are unlimited. So, how do limited numbers of divine texts and prophetic traditions provide viable solutions for ever-increasing problems of the Muslim community in this modern digital world? This book explores the intriguing relationship between social and legal changes in Islamic law. Modern technological and digital revolutions have brought about unprecedented social changes in all walks of human life. Classical Muslim jurists devised the doctrines of the general philosophy of Islamic law to relate Islamic law to changing social realities of their historical contexts. Classical legal theorists created many legal principles, theories and concepts to demonstrate the flexible and adaptable nature of Islamic law to different social conditions. Yet, classical Islamic legal thoughts are not always viable and applicable to modern social conditions. For this reason, many modern Muslim scholars argue that the legal reform is very much important today to meet the challenges of modern time. Muslim scholars seek solutions for the problems of the Muslim community in the historical precedents of past the Muslim intellectual heritage without appreciating all these modern changes. Many of them are experts on Islamic studies and yet, they find it difficult to relate what they learn to the modern social condition of this complicated world. The science of the general philosophy of Islamic law provides some dynamic mechanisms to relate Islamic teaching to modern social conditions without distorting or twisting the pure teaching of the divine message. It bridges the gap between the historical legacies of the Islamic past and the scientific development of the modern world. It relates the past legacy of Islamic heritage with the present-day realities of the modern world. It directs Muslim jurists to understand modern social conditions in a holistic approach considering both the literal and contextual meaning of the text. Therefore, many others argue that the science of the legal philosophy of Islamic law can be developed as a dynamic research methodology and developmental policy strategy. This book explores the classical and modern ideas of the general philosophy of Islamic law to understand the dynamic nature of Islamic law to adapt to the modern social conditions. This thesis emphasises the importance of understanding texts, context and social realities. When we apply the divine texts into modern context, we should take the time and space factors into account. Moreover, the social realities of modern societies otherwise, the application of divine texts will not be always viable in this modern world. The literal school of Islamic legal thought does not take these factors into consideration when they try to apply the divine texts to modern conditions. The challenges of modernity are immense in all field of human sciences. We see a lot of changes in politics, geopolitics, finance, business sections and many other fields of education and human sciences. It is expected that the digital technology and artificial intelligence will bring dramatic changes into human life by 2040. The Muslim world must make some legal changes to meet the challenges of the social changes. The basic argument of this paper is that some aspects of classical legal thoughts are viable today in our modern context and legal changes are unavoidable. This study explores different areas of modern development in human sciences to highlight the importance of legal changes.

This book explores the intriguing relationship between social and legal changes in Islamic law. Modern technological and digital revolutions have brought about unprecedented social changes in all walks of human life.

Modernity and the General Philosophy of Islamic Law

Maq¿sid Al-Shari'ah

Literally, the term Maq¿sid al-Shari'ah has been translated as objectives of Islamic law by many Islamic scholars and yet, this term has been technically and theoretically used as a new legal doctrine in Islamic legal studies. This term has been used in a wider meaning with new implications. It has been named as a general philosophy of Islamic law and has evolved as an independent Islamic branch of legal science in Islamic legal studies.

Literally, the term Maq¿sid al-Shari'ah has been translated as objectives of Islamic law by many Islamic scholars and yet, this term has been technically and theoretically used as a new legal doctrine in Islamic legal studies.

Narratives of truth in Islamic law

The truth, in legal terms, is the version of "what happened" which carries most authority. This original and thought-provoking book looks at how this narrative is constructed in Muslim societies, and which truths are privileged over others in constructing it. Looking at a range of contrasting case studies, from Sharia courts to inquiries into police abuse, this book explores how ordinary stories are transformed into authoritative truths.

Upon the legal advice of the counselling service, the woman commissioned a
male relative to let her husband know that she would take legal action against
him unless he would guarantee the non-recurrence of such treatment. The
conflict ...