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Mukhtasar Al-Akhdari

The Fiqh of the Acts of Worship According to Th Maliki School of Islamic Law

The Fiqh of the acts of worship according to th Maliki School of Islamic Law. It is the Madhhab of the Salaf of Madinah.

The Fiqh of the acts of worship according to th Maliki School of Islamic Law. It is the Madhhab of the Salaf of Madinah.

Sharia Dynamics

Islamic Law and Sociopolitical Processes

This multidisciplinary volume explores the role of Islamic law within the dynamic processes of postcolonial transformation, nation building, and social reform. Here, eleven international scholars examine Islamic law in several contemporary sociopolitical contexts, focusing specifically on Malaysia, Indonesia, Pakistan, China, Tunisia, Nigeria, the United States, and the International Islamic Fiqh Academy (IIFA) of the Organization of Islamic Cooperation (OIC). The contributors also address the entanglement of Islamic law and ethics with the history of Muslim religious discourses, shifts toward modernity, gender relations, and efforts to construct exclusive or plural national communities. Sharia Dynamics, at once enchanting and enlightening, is a must-read for scholars of contemporary Islam.

This is consistent with rhetoric across the industry and transnationally between Qatar and Malaysia: when women, rather than men, carry out the interpretive work of creating, packaging, marketing, and regulating Islamic financial ...

Modernity and the General Philosophy of

Islamic Law

The general philosophy of Islamic law: This book primarily addresses three salient questions. What is the general philosophy of Islamic law: Maqāsid al-Shari'ah? Why do we need the doctrines of the general philosophy of Islamic law today? How do we apply the doctrines of the general philosophy of Islamic law in this modern world? The basic argument of this book is that dramatic social changes are taking place around us in this digital world. So, to relate Islamic teaching into this modern global world, we need not only a comprehensive reading of the divine text, but also, a comprehensive understanding of the contexts of this modern world. We could no longer adhere to the literal interpretation of divine texts in this modern world on certain aspects of Islamic teaching. Neither classical Islamic thought nor the literal legal schools provide ready-made answers for the problems of modern Islamic world. This does not mean we must abandon the divine text as some radical Muslim secularists claim. This does not mean we should ignore 1400 years of intellectual legacies in Islamic history. There is nothing wrong with the divine texts of the Qur'an and the prophetic traditions. Nevertheless, human understanding to the divine texts differ from century to century, place to place and person to person. For the last 14 centuries, different Muslim communities have been reading the corpus of Islamic law differently within their own social contexts. There is no uniformity in human understanding of divine texts. They are prone to different human interpretation for various reasons. The corpus of Islamic law we have today are the collections of the 1400 hundred years of the Islamic legal interpretation of different times and social contexts. Today, to choose some appropriate legal ideas from the 1400 hundred years of Islamic legacy we should have not only a thorough knowledge of Islamic sciences, but we should also contextual understanding of the divine texts. We should know how to relate the divine texts appropriately to the modern social conditions. The principles of the general philosophy of Islamic law are contrived to facilitate the application of the divine texts into different contexts without diluting the primary values of the divine texts. It is argued by many Muslim scholars that the Muslim communities are suffering from intellectual and ideological crises presently. This is reflected in the socio-political and religious thought of the contemporary Muslim communities Today; Islamic universities and colleges are producing thousands Muslim graduates in many Muslim countries. Most of these graduates are trained and educated in Islamic sciences alone without enough professional training and learning in modern sciences. As a result of this, many of them find it difficult to relate what they learn to the modern social issues. It is my firm contention in this book that the Muslim jurists must learn many modern sciences such as politics, geopolitics, economics, phycology, sociology, history, science, and many other areas of human sciences so that they could address the modern social issues that the Muslim community faces today. Otherwise, they would not be able to relate what they learn in Arabic college into modern social conditions. Therefore, I would argue that learning modern sciences is a prerequisite for the students of Islam to become jurists or scholar in Islam. It is also my conviction that many radical Muslim groups do not know how to relate many aspects of Islamic teachings into modern geopolitical and social conditions. They come into some erroneous conclusions in many religious issues. Because, they take the literal meanings of the divine texts and prophetic traditions without due consideration into the modern social conditions of this global world.

The general philosophy of Islamic law: This book primarily addresses three salient questions.

The Myth of Islamic Tolerance

How Islamic Law Treats Non-Muslims

A collection of essays on Islamic culture seeks to explode the vision of tolerant Muslim societies by revealing a history of injustice and oppression against non-Muslim populations and examines the impact this cultural bias has in the modern world.

A collection of essays on Islamic culture seeks to explode the vision of tolerant Muslim societies by revealing a history of injustice and oppression against non-Muslim populations and examines the impact this cultural bias has in the ...

Rethinking Islamic Finance

Markets, Regulations and Islamic Law

Islamic finance's phenomenal growth owes to the Shariah compliant nature of its financial instruments. Shariah forbids the charging of interest (Riba) and instead promulgates risk-sharing and trade-based modes of financing. The Islamic financial industry has been subject to both critique and admiration. Critics argue that Islamic instruments (bearing debt-based structures) differ from their conventional counterparts only in legal lexicon and not in economic impact. The admirers argue that such instruments, irrespective of wider economic implications, rigorously comply with 'juristically sound' Islamic principles. This book aims to reconcile the above dispute. It argues that the financial impact of instruments is a consequence of the way they are priced and structured. The similarity in pricing and structures is an outcome not of the underlying Islamic financial modes but of the competitive environment in which Islamic instruments compete. Even risk-sharing and trade-based Islamic structures, if implemented in such an environment, would have a financial impact similar to that of conventional instruments. This book has a wider appeal for both academic and non-academic audiences. It can complement undergraduate and graduate courses as an additional reading on the intricacies of Islamic financial instruments and markets. For PhD students, it would help identify future research areas. To non-academics, it offers a deeper understanding regarding the working of the Islamic finance industry.

The admirers argue that such instruments, irrespective of wider economic implications, rigorously comply with 'juristically sound' Islamic principles. This book aims to reconcile the above dispute.

Indonesian Syariah

Defining a National School of Islamic Law

Discusses the creation a national school of Islamic law in Indonesia. Presents a complex range of references for syariah including the formal structures of a 'new fiqh', philosophies of law, transmissions of syariah through tertiary curricula and the Friday sermon in mosques, a bureaucratic form for conducting the Hajj, and contemporary debates on syariah values as expressions of public morality.

Discusses the creation a national school of Islamic law in Indonesia.

Islamic Law and Judiciary

Trend-setting Judicial Pronouncements on Islamic Law Since 1950

The Present Book Is A Study Of The Judicial Trend Since 1950 Till Date. The Purpose Of The Book Is To Measure The Degree And Extent Of Deviation Or Departure From Well Established Principles Of Islamic Law. Contents Covers 1. Sources Of Islamic Law, 2. Nature And Concept Of Marriage, 3. Divorce, 4. Dower, 5. Maintenance, 6. Parentage, Legitimacy And Acknowledgement, 7. Guardianship, 8. Gift (Hiba) 9. Wakf, 10. Will (Wasiyyat), 11. Inheritance, 12. Application Of True Islamic-Shariah Laws: Some Suggestions

Islam has given to its flowers a magnificent edifice of many socially potential
religio - legal concepts and institutions . Islamic law is based on the Quran and
the Hadith . If we see the history of Quran which is the primary source of Islamic
law ...

Religious Minorities, Islam and the Law

International Human Rights and Islamic Law in Indonesia

This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.

This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam.

Introduction to Islamic Law

Islamic Law in Theory and Practice

“The world today has become one large village. Muslims and non-Muslims live side by side and have to learn about one another, share commonalities and respect differences. At this time more than one and a half billion Muslims live in this village. Some of them are pious Muslims, trying to live in accordance with Islamic rules, whereas others do not while believing that these rules come from God (the Qur’an), from interpretations of His Messenger (the Sunnah) or the consensus of Muslim jurists (ijmâ‘), and are at least rules derived via analogy (qiyâs) from the main sources of Islam. Most Muslims think along these lines and agree with the above. The reader should remember that Muslim individuals should live according to Islamic rules in private, but no individual is responsible for implementing Islamic law. In any event, the need to learn the facts about Islamic law is necessary for Muslims as well as for non-Muslims if they live in the same society with Muslims, at least in the sense of general information. In any event, the need to learn the facts about Islamic law is necessary for Muslims as well as for non-Muslims if they live in the same society with Muslims, at least in the sense of general information. We should keep in mind here that only sovereign Muslim states/governments have the legal authority to implement Islamic law. An individual Muslim has no legal authority or power to implement Islamic law. The law of Islam certainly does not say that every Muslim is obliged to implement Islamic law. It matters not how efficient and popular that individual may be as a brave warrior or a meticulous planner of unlawful and immoral schemes of hatred, terror and destruction. Only people who are properly qualified and trained, and hold a license from Muslim governmental authorities, have the authority to issue fatwâs. Not every Muslim individual qualifies as a Muftî (a jurist-consult or scholar of law who has been given a license to issue fatwâs.). For this reason Bediuzzaman says: “And we know that the fundamental aims of the Qur’an and its essential elements are fourfold: divine unity (al-tawhîd), prophethood (al-nubuwwah), the resurrection of the dead (al-hashr), and justice (al-ʿadalah). Al-Adâlah means law. He adds in another treatise: “Let our ulul-amr (satesmen and political authorities) think over implementing these rules”. This book is divided into eight chapters. Chapter I.Because of the many misunderstandings that arise, some terms related to Islamic Law, such as Sharî‛ah, fiqh, qânûn, ‘urf, Islamic Law, and Muhammadan Law are explained. Chapter II.Here, in this chapter dedicated to references on Islamic Law, the real added value of this book is found. Chapter III. This chapter looks at four periods of Islamic Law: the period of the Prophet Muhammad, the period of the Companions, the period of the Tabi‘în, and an introduction to the period of Mujtahidîn. Chapter IV. We will provide detailed information here on the different law schools and theological divisions. Chapter V. This chapter will be devoted to a period of Islamic law that has been neglected in both old and new books and articles, i.e. the period of Islamic Law after the Turks converted to Islam (960-1926). Chapter VI. This chapter will focus also on three main subjects: Anglo-Muhammadan law (Indo-Muslim law), Syariah or Islamic Law in Southeast Asia, and Islamic Law in contemporary Muslim states like Egypt, Pakistan, Morocco, Indonesia and Jordan. Chapter VII. We will explain the system and methodology of Islamic Law in this chapter. Chapter VIII. We will give some brief information here on the implementation of Islamic Law, its future; some encyclopedical works on Islamic law, and new institutions of Islamic fiqh.”

Islamic Law in Theory and Practice Ahmed Akgunduz. 3.4 THE PERIOD OF
MUJTAHIDÎN (120‐350/738‐960) . ... 143 4 LAW ('AMALÎ) SCHOOLS AND
THEOLOGICAL SCHOOLS (IʿTIQÂDÎ) IN ISLAM (MADHHABS) .