43 maxim “Ignorantia juris non execusat " to all the cases of mistake in sexual
intercourse. Secondly, they mix up the law of whoredom, which is one of the
solest crimes in Islam, with the law of legitimacy which forms part of the law of the
family.
According to these authorities , when the wife becomes a convert to the
Mussalman faith , and the busband is an unbeliever , the Magistrate [ 270 ] is to
call upon him to embrace Islam , and if he does so , the woman continues his wife
, but if ...
September 12th , Apostacy from Islam by either of a married couple - before or
after consummation - cancellation of marriage - without decree of Court - without
talak . Apostacy from Islam by either of a married couple , is a cancellation of their
...
The Law of the Coran divides the world into two great mansions, the mansion of Islam (dar-ul-islam) and the mansion of War (dar-ul-harb), and in theory a state of
war (fljihad) always exists between these two great divisions of' the world; but ...
Shah argues that the concept of self-defense in Islamic and International law is compatible. Al-Qaeda’s declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does not meet the international legal test. Dr Shah examines those causes attributed to Islam and non-Islamic causes of terrorism and argues that the theory of ‘reactive terror’ provides the most plausible explanation for so-called Islamic terrorism. The nature of conflicts in Afghanistan and Iraq is changing and Muslim leaders (not including Al-Qaeda or pro Anglo-American governments) may, by consensus, declare Jihad if the occupying forces do not withdraw. Such declaration would be according to Islamic and international law.
4 Dar Al - Islam ( Abode of Islam ) and Dar Al - Harb ( un - Islamic Abode ) Some
publicists tend to divide the world into Dar al - Islam and Dar al - harb . They
consider Dar al - Islam to be always at war with Dar al - harb until it is conquered .
The essays in this volume provide focused examinations of the internal dynamics of intellectual and institutional Islamic law in modern Indonesia, together offering a substantive introduction to important developments in both the theory and practice of law in the world's most populous Muslim society.
Legislation as Islamic law Jurisprudence ( fiqh ) is the primary source of
substantive and procedural law for Islamic courts . However , in light of the
scarcity of judges who have attained an adequate mastery of Islamic jurisprudence , many ...
The Muwatta ' of Mālik seems anomalous . About one bāb in four evidently lets hadith reports speak for themselves in the manner of traditionist - jurisprudents ,
yet we never see precisely the traditionalist form of argument , “ The rule is X on ...
