He emphasized on the purpose of law . According to him , law cannot properly be
understood without reference to its specific purpose . Considering it as an
enterprise subjecting human conducts to the guidance of rules sees the general ...
THE BOOK Law in Islam is an integral part of Revelation . It is a sensitive
barometer of Islamic culture . The four Schools of Fiqh ( Jurisprudence ) are the
revealing mirrors of the legal culture of Islam . God , being the Creator and the
Sustainer ...
In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.
... Law in the Arab World : Courts in Egypt and the Gulf , Cambridge : Cambridge University Press . El Alami , D. S. ( 1992 ) The Marriage Contract and Islamic Law in the Shari'ah and Personal Status Laws of Egypt and Morocco , London ...
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I INTRODUCTION today is passing through one of its most crucial periods, In the
first half ol the twentieth century, a wide* spread revival of Islam has occurred.
The chains of political servitude have been broken at many a pltfoe and nearly ...
Despite the historical and contemporary significance of the Sharia, it has not yet been possible to solve the puzzle of its origins. Whereas previous research has postulated a greater or lesser degree of endogenous Islamic development, the present study reaches a different conclusion, namely that at the end of the 8th century Muslim state lawyers in Baghdad codified an Islamic “Imperial Law”, oriented strongly towards Roman-Byzantine law. It is part of an Islamic-Byzantine context, and can only be explained against this intercultural background.
Abundance of Comparative Studies Although there is almost nobody to maintain
direct reception we find a considerable number of studies comparing Islamic law
with one of the pre-Islamic legal systems such as Jewish law, Sassanid law, ...
This study of Islamic law in the final phase of its pre-modern period of existence is based mainly on the fatwa collections of two prominent Arab jurists and one Turkish jurist from this period. The book re-examines the basic methodological structure of Islamic law (including its complex relations with the state) and poses the question as to whether Islamic law became increasingly closed and rigid. It was found that no such closure ever took place. The book will be of importance to those interested in Islamic law, as well as to those interested in Islamic thought in general and the relations between society and the state. Readership: All those interested in Islamic law, the Middle East under the Ottomans, Islam and civil society, Islam and the state.
CHAPTER SIX ' URF ( CUSTOM ) — THE PRACTICAL SECULARIZATION OF
ISLAMIC LAW An important measure of innovative legal activity entered Islamic
law via the gate of furf or local custom . Thus many of al - Ramlī ' s fatwas point to
...
This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.
By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future.
'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today.
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.
