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Issues in Islamic Law

Volume II

Islamic substantive law, otherwise called branches of the law (furu al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process ofcultivation (istithmar), whereby the qualified jurist (mujtahid), as thecultivator uses relevant rules of legal theory to harvest the substantive law on specific issues in form offruits (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.

The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar).

Crimes and Punishments Under Islamic Law

This is an apt publication for modern times, in which 'Sharia' has become a byword for an unacceptable social system, and is vilified as such; when crime is rife in communities governed by Sharia; and when in the non-Islamic West, the Islamic social and criminal justice systems are subject to intense public scrutiny and criticism, but remain little understood. The author presents a clear and factual account of the Islamic criminal justice system, expounding what he considers to be the real issues of Sharia, often ignored or misrepresented by both Islamic and Western scholars, and explaining its wider Islamic context and ethics, its Arabic roots, classical heritage and terminology, and its relevance to contemporary Muslim societies. Contents: concept of crime; features of Islamic criminal liability; defences to Islamic criminal liability; 'Hudud' crimes; 'Zina' - adultery or fornication; 'Qadhf' - slander or false accusation; 'Hadd' offence of 'al-sariqa' - theft; 'Hadd' offence of 'shurbul khamr' - wine drinking; 'Hiraba' - brigandage or highway armed robbery; 'Riddah' - apostasy; 'Baghye' - rebellion or treason; 'Qisas - retaliation; 'Ta'azir' punishment.

This is an apt publication for modern times, in which 'Sharia' has become a byword for an unacceptable social system, and is vilified as such; when crime is rife in communities governed by Sharia; and when in the non-Islamic West, the ...

Shariʿa, Justice and Legal Order

Egyptian and Islamic Law: Selected Essays

Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays by Rudolph Peters is about legal practice, both Shariʿa and state law. Its principal themes are legal order and the actual application of law in the Ottoman and more recent periods

Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays by Rudolph Peters is about legal practice, both Shariʿa and state law.

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 ...

The Shari'a and Islamic Criminal Justice in Time of War and Peace

Shows that the shari'a and Islamic law are compatible with contemporary international human rights laws and norms, and appropriate for use in Muslim societies.

Shows that the shari'a and Islamic law are compatible with contemporary international human rights laws and norms, and appropriate for use in Muslim societies.

Federalisme Komparatif dan Peran Yudikatif: Handbook Hukum dan Politik

Buku digital ini berjudul "Federalisme Komparatif dan Peran Yudikatif", merupakan tulisan yang berisi tentang "ilmu hukum dan politik" yang dapat memberikan tambahan wawasan pengetahuan dan pencerahan bagi pembaca. Semangat untuk berbagi terutama dalam literasi khazanah pengetahuan hukum dan politik yang mendasari penerbit menghadirkan konten-konten di buku digital ini. Penerbit berdoa semoga konten yang diterbitkan ini bisa bermanfaat dan menjadi bahan pembelajaran serta panduan bagi siapapun juga

Keith E. Whittington, R. Daniel Kelemen, Gregory A. Caldeira; Imam Baihaqi (Penerjemah); Rizal (Penyunting). NICOLAIDIS, K. 2001. ... The Supreme Court and protectionism: making sense of the dormant commerce clause.

A Treatise of Legal Philosophy and General Jurisprudence

Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics

The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise’s historical volumes (following the five theoretical ones) and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics (Chapter 14, by Annabel Brett) and an epilogue (by Carrie-Ann Biondi) on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes.

And the second of the historical volumes, Volume 7 (entitled The Jurists' Philosophy of Law from Rome to the Seventeenth Century, and edited by Andrea Padovani and Peter Stein) is dedicated precisely to the subject stated in its title, ...