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Religious Pluralism and Islamic Law

Dhimmis and Others in the Empire of Law

978-0-19-966163-3

Additionally, framing Sharīʿa as Rule of Law reveals a dynamic that goes
beyond the rariied notion of Sharīʿa as a repository of ancient doctrines, and
presents a complex image of Sharīʿa that deies neat dichotomies between law
and ...

Islamic Law in Action

Authority, Discretion, and Everyday Experiences in Mamluk Egypt

A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.

Dispensing Justice in Islam, 1–44; Hallaq, The Origins and Evolution of Islamic
Law, 57–101. For an introduction to the position of mufti, see Masud, Messick,
and Powers, “Muftis, Fatwas, and Islamic Legal Interpretation,” in idem (eds.),
Islamic ...

Democracy in Islamic and International Law

Following the rise of Islamic fundamentalism, Muslim nations have been placed in the spotlight of international debate; the prevailing understanding is that democracy and Islam are fundamentally incompatible. This verdict is particularly damning in light of the trend in International Law which, since the collapse of communism in Eastern Europe, has equated democracy with human rights. Yet, a thorough analysis of the debate, taking into account the historical and theoretical bases of liberal democracy — the cultural, legal, and political development of Islam, and the extent to which the politics of Islamic countries represents the politics of Islam — reveals that democracy and Islam are, in fact, fundamentally compatible. In practice, Islamic Law can be applied alongside developments in democratic representations and human rights.

Dr. Ibrahim S Alharbi. Abstract Following the rise of Islamic fundamentalism,
Muslim nations have been placed in the spotlight of international debate; the
prevailing understanding is that democracy and Islam are fundamentally
incompatible.

Introduction to Islamic Law

Principles of Civil, Criminal, and International Law under the Shari‘a

“I highly recommend ‘Introduction to Islamic Law: Principles of Civil, Criminal, and International Law under the Shari‘a’ to scholars and any individual who desires to learn about the Shari‘a and its basic values through an objective, methodical study.” Mohamed A. ‘Arafa, Ph.D. Assistant and Adjunct Professor of Law Alexandria University Faculty of Law, Egypt Islamic law (Shari‘a) is an all-inclusive legal tradition that creates a seamless web reaching from the public sphere into the private sphere of life. Thus, the Shari‘a recognizes no bifurcation between legislation and religion, no wall of separation between the mosque and the state, and no compartmentalization of morality, faith, and law. Nonetheless, the duties under Islamic law can be divided into two large subcategories, the first and most important of which mainly concerns the private, individual relationship between God and man. In contrast, the second duty mainly concerns the public, transactional relationships among individuals which – in a secular framework – is most analogous to “law.” Introduction to Islamic Law begins with an overview of Islam as a whole, including a discussion of the sources of Islamic law and sectarian distinctions. Then, the book thoroughly addresses the secondary duties of Islamic law, which govern daily transactions between individuals, including the law of contracts, property, banking and finance, and familial relations as well as criminal law and procedure and the law of war. The legal rules embodied within the Shari‘a are mandatory in jurisdictions adhering to a strict application of Islamic law. However, Islamic law remains highly influential even in Muslim-majority countries with secular legal codes. Nevertheless, given recent developments in the Arab world, as well as the rise of terrorism in the name of Islam, the Shari‘a is a subject that has seeped into the national dialogue of wholly secular, non-Muslim jurisdictions. Thus, Introduction to Islamic Law is offered for scholars and students – both Muslim and non-Muslim, with or without a legal background – for the purpose of obtaining a basic understanding of the foundational concepts of the Shari‘a.

Then, the book thoroughly addresses the secondary duties of Islamic law, which govern daily transactions between individuals, including the law of contracts, property, banking and finance, and familial relations as well as criminal law and ...

Principles of Islamic International Criminal Law

A Comparative Search

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.

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law.

Land, Law and Islam

Property and Human Rights in the Muslim World

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 ...

State, Society, and Law in Islam

Ottoman Law in Comparative Perspective

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.

Islam and International Law

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 ...

Islamic State Practices, International Law and the Threat from Terrorism

A Critique of the 'Clash of Civilizations' in the New World Order

In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism.

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 ...

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
 ...