Sebanyak 2088 item atau buku ditemukan

Islamic Public Law

Documents on Practice from the Ottoman Archives

“Islamic law contains explications and divisions that imply a classification in terms of public and private law. In this book we will explain the outlines of Islamic public law, e.g. First Chapter; Islamic constitutional law (al-siyāsah al-shar‘iyyah) and administrative law (al-siyāsah al-shar‘iyyah); Second Chapter; penal law (al-̒uqūbāt); Third Chapter; financial law (zakāt, ʻushr, ḫarāj and other taxes); Fourth Chapter; trial law (qaḍā), and Fifth Chapter: international public law (al-siyar). The fields of especially Islamic constitutional law, administrative law, financial law, ta‘zīr penalties, and arrangements concerning military law based on the restricted legislative authority vested by Sharī‘ah rules and those jurisprudential decrees based on secondary sources like customs and traditions and the public good (maslahah) all fell under what was variously called public law, al-siyāsah al-shar‘iyyah (Sharī‘ah policy), qānūn (legal code), qānūnnāmah, ‘orfī ḥuqūq etc. Since these laws could not go beyond Sharī‘ah principles either, at least in theory, they should not be regarded as a legal system outside of Islamic law. But Islamic penal law, financial law, trial law, and international law depend mostly on rules that are based directly on the Qur’an and the Sunnah and codified in books of fiqh (Islamic law) called Sharī‘ah rules, Sharʻ-i sharīf, or Sharī‘ah law. Such rules formed 85% of the legal system. In this book, we will focus on some controversial problems in the Muslim world today, such as the form of government in Islamic law and the relation between Islam and democracy. Islamic law does not stipulate a certain method of state government; nonetheless, we may say that the principles it decrees and its concept of sovereignty suggest a religious republic. As a matter of fact, Ḫulafā al-Rāshidūn (the Rightly Guided Caliphs), were both caliphs and religious republican presidents. We could say that this book has three main characteristics. i) We have tried to base our explanations directly on the primary Islamic law sources. For example, after reading some articles on the caliphate or tīmār system in articles or books by some Western scholars and even by some Muslim scholars, one might conclude that there are different views on these subjects among Muslim scholars. This is not true: Muslisms have agreed on the basic rules on legal subjects, but there are some conflicts regarding nuances and interpretations. If one reads works by Imām Gazzali, Ibn Taymiyyah, al-Māwardi, and al-Farrā’, one will not find any disagreement on the main rules, but there are some different interpretations of some concepts. We have tried to discover where they agreed and we have sometimes pointed to where they differed. ii) We have researched practices of Islamic law, especially legal documents in the Ottoman archives. For example, we explain ḥadd-i sariqa but also mention some legal articles from the Ottoman legal codes (qānunnāmes) and some Sharī‘ah court decisions like legal decrees (i‘lāmāt-i shar‘iyyah). It is well known that nobody can understand any legal system without implementing and practicing it. That also holds for Islamic law because theory alone does not yield a complete understanding of Sharī‘ah rules. iii) We have worked hard to correct some misconceptions and misunderstandings about Islamic law. That is why we appeal to the primary sources. For example, some scholars claim that the Ḥanafī jurist Imām Saraḫsī did not accept the idea of punishment for apostasy. We have studied his work al-Mabsūt and found this claim to be unfounded. The comparison between tīmār and fief is another example because the tīmār system is different from the fief system. Some scholars confuse the concept of sovereignty and governance. The Islamic state is not a theocratic state in the sense in which Europeans understand the term.”

In this book we will explain the outlines of Islamic public law, e.g. Islamic
constitutional law (aI-siydsah aI-shar'iyyah), administrative law (aI-siydsah aI-
shar'iyyah), penal law (alluqubdt), financial law [zakdt 'ushr, hard] and other taxes
), trial law ...

Islamic Law Practice and Procedure in Nigerian Courts

Islamic Law Practice and Procedure in Nigerian Courts is about the rules of practice, procedure and evidence in trials of civil and criminal cases before Area Courts, Sharia Courts, Upper Area Courts, Upper Sharia Courts, Sharia Courts of Appeal, Court of Appeal and indeed Supreme Court of Nigeria in matters concerning application of Islamic law and practice. The subject of the book is copiously elucidated for the first time with verity of dictas from the reported cases from superior courts in Nigeria. It is of nineteen chapters with a number of parts and paragraphs to make for easy application. The book is designed to ensure quick dispensation of justice without sacrificing the need for fair hearing. A must for judges, advocates and students of Islamic law and practice.

The subject of the book is copiously elucidated for the first time with verity of dictas from the reported cases from superior courts in Nigeria. It is of nineteen chapters with a number of parts and paragraphs to make for easy application.

Contemporary Perspectives on Revelation and Qu'ranic Hermeneutics

An Analysis of Four Discourses

A number of innovative hermeneutical approaches emerged in Muslim exegetical discourse in the second half of the 20th century. Among these developments is a trend of systematic reform theology that emphasises a humanistic approach, whereby revelation is understood to be dependent not only upon its initiator, God, but also upon its recipient, Prophet Muhammad, who takes an active role in the process. Ali Akbar examines the works of four noted scholars of Islam: Fazlur Rahman (Pakistan), Abdolkarim Soroush (Iran), Muhammad Mujtahed Shabestari (Iran) and Nasr Hamid Abu Zayd (Egypt). His study shows that the consequences of taking a humanistic approach to understanding revelation are not confined to the realm of speculation about God-human relations, but also to interpreting Qur'?nic socio-political precepts. And the four scholars emerge as a distinctive group of Muslim thinkers who open up a new horizon in contemporary Islamic discourse.

Ali Akbar examines the works of four noted scholars of Islam: Fazlur Rahman (Pakistan), Abdolkarim Soroush (Iran), Muhammad Mujtahed Shabestari (Iran) and Nasr Hamid Abu Zayd (Egypt).

Introduction to Qur'anic Script

'Masterly work ... Leads the reader patiently but directly not merely into Qur'anic writing but into the heart of that Holy Book itself ... By the time we have followed Dr Ahmad to the end of this splendid work we have learned something new and indeed something uplifting about one of the world's great books.' Prof. F. E. Peters, New York University.

I also extend sincere appreciation to Mr. S. A. Ali, Director, Indian Institute of
Islamic Studies, for his detailed critique of the text and suggestions for
improvement of both content and style at many points. In the initial stages of
preparing this book ...

Political Strategies and Social Movements in Latin America

The Zapatistas and Bolivian Cocaleros

This book investigates how social movements form their political strategies in their quest for social change and -when they shift from one strategy to another- why and how that happens. The author creates a model which distinguishes between two different roads to social change: one that passes through the seizure of state power and one that avoids any relationship with the state. Comparing the cases of two Latin American social movements, the Zapatistas in Mexico and the Bolivian Cocaleros, the volume argues that strategic choices are often decided upon through similar mechanisms. Ideal for a scholarly and non-specialist audience interested in Mexican and Bolivian politics, revolutions, and Latin American and social movement studies.

This book investigates how social movements form their political strategies in their quest for social change and -when they shift from one strategy to another- why and how that happens.

Social Movements in India

Poverty, Power, and Politics

Social movements have played a vital role in Indian politics since well before the inception of India as a new nation in 1947. During the Nehruvian era, poverty alleviation was a foundational standard against which policy proposals and political claims were measured; at this time, movement activism was directly accountable to this state discourse. In the first volume to focus on poverty and class in its analysis of social movements, a group of leading India scholars shows how social movements have had to change because poverty reduction no longer serves its earlier role as a political template. With distinctive chapters on gender, lower castes, environment, the Hindu Right, Kerala, labor, farmers, and biotechnology, Social Movements in India will be attractive to students and researchers in many different disciplines.

Decentralization and the Transformation of Movement Politics in Kerala Patrick
Heller Class-based social movements have traditionally been concerned with
capturing the state and wielding the instrumentalities of bureaucratic power to ...

Social Movements in Politics

A Comparative Study

In this book, Zirakzadeh examines different types of social movements, from the Greens in Germany to the Shining Path in Peru. The book concludes with a juxtaposition of the three major theoretical approaches and historical findings and proposes a fourth theoretical approach emphasizing factional conflict and reconciliation.

Other scholars who define social movements in terms of a group's deliberate
attempt to remake society include Goldberg (1991), Killian (1964), and Morris (
1984). Piven (1976: 300–1), however, contends that the concept of social
movement ...

Waves of Social Movement Mobilizations in the Twenty-First Century

Challenges to the Neo-Liberal World Order and Democracy

Using case studies from around the world, this book analyzes the recent wave of social movement and protests.

Why Did the Anti-Austerity Movements Fail? Beyza Çağatay Tekin and Rıfat Barış
Tekin The world has witnessed a new wave of mass protests starting first in
crisishit Greece in spring 2010 against austerity measures, and then in the
Middle ...

Theorizing Social Movements

Examines the historic links between the civil rights movements in Northern Ireland and the US.

2 Theories of Social Movements This study of social movements in Latin America
begins with an account of the two main attempts to construct a general theory of
social movements, the European new social movements theory and the North ...