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Rule of Law, Islam, and Constitutional Politics in Egypt and Iran, The

A comparative analysis of the ways in which Islam has become entangled with the process of democratization in both Egypt & Iran, authoritarian regimes that have faced increasing demands for reform.

Islam. in. Egypt's. Cacophonous. Constitutional. Order. Nathan. ]. Brown. In
previous writings, I explored the origin of Egypt's constitutional texts as well as
the way that one important body—the Supreme Constitutional Court—has
interpreted ...

Islamic Law and the Challenges of Modernity

Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!

For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!

The Islamization of the Law in Pakistan (RLE Politics of Islam)

This is a detailed, critical study of the reforms which have been made in recent years to the law in the State of Pakistan with the ostensible objective of bringing it into accord with the requirements of Islam. Special emphasis is given to the period from 1977 when General Zia ul Haque adopted a period of Islamization. This is a field of investigation of considerable importance both for the advancement of legal and political theory and for practical purposes, especially as regards human rights. The author, trained both in Pakistan law and the concepts and practice of Islamic law, has been able to advance significantly our understanding of the doctrinal developments documented in this book. First published in 1994.

The following are examples of petitions dismissed by the FSC on the grounds
that the relevant laws were in accordance with Islam. Abu Dawood Muhammad
Sadiq v. The State 24 The petitioner belonging to the Sunnat-wal-Jamaat (Hanafi,
 ...

The Islamic Law of Nations

Shaybani's Siyar

From its origins Islam has been an expansionist religion, understanding itself as a matter of faith to be in a permanent state of war with the non-Muslim world. After the initial consolidation of the Islamic caliphate, however, it soon became apparent that constant military hostilities could not be sustained and that other forms of relationship with non-Muslim nations would be necessary. To reconcile the imperatives of faith with the limits of military power, Islamic scholars developed elaborate legal doctrines. In the second century of the Muslim era (eighth century C.E.), hundreds of years before the codification of international law in Europe by Grotius and others, Muhammad ibn al-Hasan al-Shaybani, an eminent jurist of the Hanafite school in present-day Iraq, wrote the first major Islamic treatise on the law of nations, Kitab al-Siyar al-Kabir. Translated with an extensive commentary by Majid Khadduri, Shaybani's Siyar describes in detail conditions for war (jihad) and for peace, principles for the conduct of military action and of diplomacy, and rules for the treatment of non-Muslims in Muslim lands. A foundational text of the leading school of law in Sunni Islam, it provides essential insights into relations between Islamic nations and the larger world from their earliest days up to the present.

Islamic Law and the Law of Nations Islam and the Community of Nations The
modern law of nations presupposes the existence in the world of sovereign
territorial groups gathered together to form a community of nations, each
possessing its ...

Origin and Development of Islamic Law

The Origin and Development of Islamic Law. A committee from The Middle East Institute, led by George Camp Keiser, Chairman of the Board of Governors, enlisted outstanding authorities on Middle East law to contribute chapters on specific topics. Includes an extensive glossary of Islamic legal terms. With a foreword by Robert H. Jackson (Associate Justice, Supreme Court of the United States). Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs, including War and Peace in the Law of Islam.Herbert J. Liebesny [1911-1985] was a member of the Advisory Board of the Middle East Journal and author of The Government of French North Africa and Foreign Legal Systems: A Comparative Analysis.

The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States.

An Introduction to Islamic Law

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

Islamic Family Law

Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.

... law ' for every Muslim and for all times , though of course Islamic law does provide an ethical framework of reference that is absolutely supreme and is designed for all times . We have seen how important it is ... Islamic Family Law.

Islamic Human Rights and International Law

Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women's rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of "Islamic human rights" that compete with and seek to displace "Western human rights." Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an "American customary-law-of-human-rights school" have responded with a new militant doctrine of "instant customary law" to aid the U.S. in its "war on terror," targeting the Sharia wherever encountered, and risking a global "war on Islam."

Chapter 1 AL-SHARIA: ISLAMIC LAW. Unlike Christianity and Judaism, Islam is
not a religion with law, but a religion of law. Islamic law, usually termed al-Sharia,
or “the Path,” is not merely an integral part of Islam, but is its raison d'etre. That is
 ...

The Renewal of Islamic Law

Muhammad Baqer As-Sadr, Najaf and the Shi'i International

A study of Muhammad Baqer as-Sadr - an Iraqi scholar whose ideas were influential in the rise of political Islam.

A study of Muhammad Baqer as-Sadr - an Iraqi scholar whose ideas were influential in the rise of political Islam.

Islamic Law and Civil Code

The Law of Property in Egypt

Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.

Coulson, N.J. “Doctrine and Practice in Islamic Law.” BSOAS 18 (1956): 211–26.
Dennett, Daniel C. Conversion and the Poll Tax in Early Islam. Cambridge, Mass.
, 1950. Description de l'Egypte: Etat moderne. 4 vols. Paris, 1809–1812.