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Congress of Arts and Science: History of politics and economics. History of law. History of religion

The ancient Semitic ceremony of libation is here extended to an unknown
personage transformed into an Islamic saint. The festival-cycle of universal Islam,
with its movable lunary calendar, has no connection at all with the life of nature.

The Law Applied

Contextualizing the Islamic Shari'a

A sea change has taken place in Islamic legal studies. This book both reflects and contributes to that change. Traditionally, scholars in this field have tended to focus on law as a body of rules and doctrines, as 'fiqh'. This volume is more interested in how the law has been applied to concrete situations. It looks at judicial decision-making, legal responsa (fatwas), customary practices, the actions of public inspectors, cultural contexts, and theological discourses as well as modern legal reform and constitutional development. Reflecting the interests of a new academic generation, The Law Applied offers an ambitious and textured account of how Islamic law works in practice in the social life of the contemporary world.

Traditionally, scholars in this field have tended to focus on law as a body of rules and doctrines, as 'fiqh'. This volume is more interested in how the law has been applied to concrete situations.

Religion and International Law

One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.

A Survey of Islamic International Law In its relations with the rest of the world ,
historical Islam has passed through three stages of unequal duration . We may
call them the age of expansion , the age of interaction and the age of coexistence
.

Research Handbook on International Human Rights Law

This handbook brings together the work of 25 leading human rights scholars from all over the world, covering a broad range of human rights topics.

Islam and the realization of human rights in the Muslim world* Mashood A
Baderin 1 Islam and human rights in the Muslim world The discourse about the
relationship between Islam and human rights in the Muslim world has been
diverse and ...

A Bibliography of Islamic Law

1980 - 1993

This bibliography contains some 1,600 Western-language publications on Islamic law which have appeared between 1980 and 1993.

CHAPTER FIVE : THEOLOGY AND LAW 108 . FIRMAGE , E . B . , B . G . Weiss , J
. W . WELCH , and OTHERS ( eds . ) , Religion and Law : Biblical - Judaic and
Islamic Perspectives . Winona Lake , IN : Eisenbrauns , 1990 . xii , 401 pp . 109 .

Islamic Law, Epistemology and Modernity

Legal Philosophy in Contemporary Iran

This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.

This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran.

Religious Liberty in Western and Islamic Law

Toward a World Legal Tradition

In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.

compounded by the creation of documents such as the Universal Islamic
Declaration of Human Rights and the Cairo Declaration on Human Rights in
Islam, both of which diverge from international legal standards of religious
freedom and both ...

The Reconciliation of the Fundamentals of Islamic Law

Al-Muwafaqat Fi Usul Al-Shari'a

First published in 1884 in Tunis, The Reconciliation of the Fundamentals of Islamic Law (or al-Muwafaqat fi Usul Al-Sharai'a), written by Ibrahim ibn Musa Abu Ishaq al-Shatibi, was an innovation in Islamic jurisprudence. It was the first book to address the objectives of the shari'a. The difficulty that some may find in comprehending some of its parts may be attributed to the fact that it was the first time that the codification of the maqasid or objectives of the shari'a was undertaken. The book has been a source of inspiration, moderation, and renewal in fiqh. However, it deals with much more than the maqasid, and substantial research is needed to unravel its full contribution. The author described the contents of his book as follows: When the concealed secrets began to be revealed...I started collecting their unique meanings...I did this to the extent of my ability and strength, while elaborating the purposes of the Book (Qur'an) and the Sunna...organizing these precious gems and gathering these benefits into meanings that have re-course to the principles helping in their comprehension and attachment, and I merged them with the interpretation of principles of fiqh and organized them on a shining and radiant string. The resulting book is divided into in five parts: the fundamental concepts of the discipline; the ahkam (rules) and what is related to them; the legal purposes of the shari'a and the ahkam related to them; the comprehensive treatment of the adilla (evidences); and the rules of ijtihad and taqlid. This current Volume I - now available in paperback - covers the first two parts described above by the author. The translation of the third part, dealing with the purposes of the shari'a, will be presented in the forthcoming Volume II. (Series: The Great Books of Islamic Civilization)

Subsequent abrogation (naskh) does not remove this meaning due to the
existence of all of them up until now having been confirmed by Islam, like qirad (
mudaraba partnership), the rule for the eunuch with respect to inheritance and so
on.

Democratization and Islamic Law

The Sharia Conflict in Nigeria

When democracy was introduced to Nigeria in 1999, one-third of its federal states declared that they would be governed by sharia, or Islamic law. This work argues that such a break with secular constitutional traditions in a multireligious country can have disastrous consequences

This work argues that such a break with secular constitutional traditions in a multireligious country can have disastrous consequences