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Democracy, Human Rights and Law in Islamic Thought

Throughout the Middle East, and in the west as well, there has been much discussion concerning the notion of Islamic rule and the application of shari'ah by the state. Central to these debates are the three key themes that Mohammad Abed al-Jabri looks at in this book: democracy, human rights and law. Jabri, one of the most influential political philosophers in the contemporary Middle East, examines how these three concepts have been applied in the history of the Arab world, and shows that they are determined by political and social context, not by Islamic doctrine. Jabri argues that in order to develop democratic societies in which human rights are respected, the Arab world cannot simply rely on old texts and traditions. Nor can it import democratic models from the West. Instead, he says, a new tradition will have to be forged by today's Arabs themselves, on their own terms. Through analysis of contemporary Arab ideology, its doubts about democracy, whether human rights are universal and the role of women and minorities in Islamic society, he expounds on the most pertinent issues in modern political philosophy. This lively interrogation of the building blocs of western conceptions of a modern state is a classic text and is vital for all students of modern Islamic political thought. Mohammed Abed al-Jabri (1936-2010) was Emeritus Professor of Philosophy at the University of Rabat. As one of the most influential political philosophers in the contemporary Arab world, he authored many acclaimed books including, in Arabic: The Structure of Arab Reason, Arab Political Reason' and Arab Ethical Reason, and in English: The Formation of Arab Reason: Text, Tradition and the Construction of Modernity in the Arab World (I.B.Tauris, 2011).

Central to these debates are the three key themes that Mohammad Abed al-Jabri looks at in this book: democracy, human rights and law.

The Law Relating to Gifts, Trusts, and Testamentary Dispositions Among the Mahommedans

According to the Hanafi, Maliki, Shâfeï, and Shiah Schools

I have in another work traced the growth and development of the Islamic
jurisprudence , and described in some detail the character of the several schools
existing in Islam . A few remarks on this subject , however , will not be out of place
here .

The American Journal of International Law

Vols. for 1970-73 include: American Society of International Law. Proceedings, no. 64-67.

James Brown Scott, George Grafton Wilson. tion 13 shall receive the confirmation
of the Sheik ul Islam , and in turn the head mufti shall install the other muftis of
Bulgaria . The muftis are elected by Mussulman electors , and are confirmed and
 ...

Principles of Environmental Engineering Systems Planning in Islamic Culture: Law, Politics, Economics, Education and Sociology of Science and Culture

S . Mushtaq Hussain , " Interest on Money and Islam : A Suggested Analysis , "
Report of First Regional Conference of the ... Quran , 8 : 1 . See also The Holy
Quran , trans . Muhammad Ali , n . 979 , and The Message of the Quran , trans .

The Objectives of Islamic Law

The Promises and Challenges of the Maqasid Al-Shari'a

This book captures the growing debate among Muslim scholars about the theory of the "Objectives of the Sharī'a" (maqāṣid al-sharī'a) and its role in reforming Islamic law. The book is divided into two parts--one highlighting the theory's potential and the other its challenges.

This book captures the growing debate among Muslim scholars about the theory of the "Objectives of the Sharī'a" (maqāṣid al-sharī'a) and its role in reforming Islamic law.

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) .

Contemporary Interpretation of Islamic Law

This book does not champion some of the popular misconceptions surrounding Islamic law. It does not advocate stoning to death; amputating the hands of thieves; call for the death penalty for those who leave the fold of Islam; or urge Muslims to save their souls from Hellfire by shunning bank loans for fear of incurring interest. What it does advocate is less sensationalistic, but it is in line with the real interpretation of Islamic law.Contemporary Interpretation of Islamic Law is divided into thirteen chapters. The majority of the chapters concentrate on criminal aspects of Islamic law, while the remainder concern themselves with social issues. Each chapter – where possible – provides background information of the topic under discussion and then proceeds to analyse, examine and critique the contentious parts of the topic, looking at the arguments from all sides and the evidence put forward by each side before arriving at a conclusion. The book is accompanied by a glossary. “Our work differs from other published titles on Islamic law as it takes into account the different aspects of the Qur’an. The Qur’an employs many parables, allegories and metaphors to highlight important messages for Mankind, yet jurists often make the common mistake of either omitting or misinterpreting these devices, resulting in inaccurate and often unlawful rulings which have direct and indirect effects on both Muslims and non-Muslims alike. It is hoped that our work will create a better understanding of the correct interpretation of the Qur’an and Islamic law,” says authors Ahmed Affi and Hassan Affi. Contemporary Interpretation of Islamic Law will appeal to those with an interest is Islam and Islamic law, though no specialist knowledge of Arabic or Islamic law is required.

Introduction Islam takes a dim view on the consumption of alcohol because of the
many ills that alcohol invites, yet, despite Islam's coherent stance on the matter of
alcohol, there will always be some segments of society who will regard Islam's ...

Islamic Law

The Sharia from Muhammad’s Time to the Present

The sharia is a set of traditional laws that define a Muslim’s obligations to God and his fellow human beings. Westerners often misunderstand the nature of the sharia, born as it is of a complicated legal and academic tradition that may not always seem relevant to today’s world. Written for those unfamiliar with Islam, this volume provides an accurate and objective assessment of the sharia’s achievements, shortcomings and future prospects. It explores the fundamentals of Islam and traditional sharia laws. In addition, the sharia is discussed with respect to Ottoman law, puritanism and jihad. The sharia’s relevance to today’s world events is also explored. Among items provided in appendices are a commentary on a Western translation of the concept of jihad and an analysis of the sharia in 29 selected countries.

We noted at the beginning of this book that Islamic culture is a legal culture. This
fact brought great stability to Islamic life but it also became an enormous liability
when the rise and expansion of the West made legal reform imperative for the ...