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Democracy in Islamic and International Law

Following the rise of Islamic fundamentalism, Muslim nations have been placed in the spotlight of international debate; the prevailing understanding is that democracy and Islam are fundamentally incompatible. This verdict is particularly damning in light of the trend in International Law which, since the collapse of communism in Eastern Europe, has equated democracy with human rights. Yet, a thorough analysis of the debate, taking into account the historical and theoretical bases of liberal democracy — the cultural, legal, and political development of Islam, and the extent to which the politics of Islamic countries represents the politics of Islam — reveals that democracy and Islam are, in fact, fundamentally compatible. In practice, Islamic Law can be applied alongside developments in democratic representations and human rights.

Dr. Ibrahim S Alharbi. Abstract Following the rise of Islamic fundamentalism,
Muslim nations have been placed in the spotlight of international debate; the
prevailing understanding is that democracy and Islam are fundamentally
incompatible.

Law and Tradition in Classical Islamic Thought

Studies in Honor of Professor Hossein Modarressi

Bringing together essays on topics related to Islamic law, this book is composed of articles by prominent legal scholars and historians of Islam. They exemplify a critical development in the field of Islamic Studies: the proliferation of methodological approaches that employ a broad variety of sources to analyze social and political developments.

The contributions in Part Three cover Islamic legal traditions and address
controversies surrounding varied legal methodologies in different contexts. Baber
Johansen traces traditionsof legal pluralismanddissentin uṣū l alfiqh (
jurisprudential) ...

Introduction to Islamic Law

Principles of Civil, Criminal, and International Law under the Shari‘a

“I highly recommend ‘Introduction to Islamic Law: Principles of Civil, Criminal, and International Law under the Shari‘a’ to scholars and any individual who desires to learn about the Shari‘a and its basic values through an objective, methodical study.” Mohamed A. ‘Arafa, Ph.D. Assistant and Adjunct Professor of Law Alexandria University Faculty of Law, Egypt Islamic law (Shari‘a) is an all-inclusive legal tradition that creates a seamless web reaching from the public sphere into the private sphere of life. Thus, the Shari‘a recognizes no bifurcation between legislation and religion, no wall of separation between the mosque and the state, and no compartmentalization of morality, faith, and law. Nonetheless, the duties under Islamic law can be divided into two large subcategories, the first and most important of which mainly concerns the private, individual relationship between God and man. In contrast, the second duty mainly concerns the public, transactional relationships among individuals which – in a secular framework – is most analogous to “law.” Introduction to Islamic Law begins with an overview of Islam as a whole, including a discussion of the sources of Islamic law and sectarian distinctions. Then, the book thoroughly addresses the secondary duties of Islamic law, which govern daily transactions between individuals, including the law of contracts, property, banking and finance, and familial relations as well as criminal law and procedure and the law of war. The legal rules embodied within the Shari‘a are mandatory in jurisdictions adhering to a strict application of Islamic law. However, Islamic law remains highly influential even in Muslim-majority countries with secular legal codes. Nevertheless, given recent developments in the Arab world, as well as the rise of terrorism in the name of Islam, the Shari‘a is a subject that has seeped into the national dialogue of wholly secular, non-Muslim jurisdictions. Thus, Introduction to Islamic Law is offered for scholars and students – both Muslim and non-Muslim, with or without a legal background – for the purpose of obtaining a basic understanding of the foundational concepts of the Shari‘a.

Then, the book thoroughly addresses the secondary duties of Islamic law, which govern daily transactions between individuals, including the law of contracts, property, banking and finance, and familial relations as well as criminal law and ...

Principles of Islamic International Criminal Law

A Comparative Search

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law.

Law and the Islamic World Past and Present

Exploring God's law: Muhammad ibn Ahmad ibn Abi Sahl al-Sarakhsi on zakat
NORMAN CALDER I Literary works within the genre of furu' al-fiqh are
characterised by two major hermeneutical constraints. The primary constraint is
that of ...

Land, Law and Islam

Property and Human Rights in the Muslim World

In this pioneering work, Siraj Sait and Hilary Lim address Islamic property and land rights drawing on a range of socio-historical, classical and contemporary debates and their practice. They address the significance of Islamic theories of property and Islamic land tenure regimes on the "webs of tenure" prevalent in the Muslim societies. They consider the possibilities with Islamic legal and human rights systems for the development of inclusive, pro-poor and innovative approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of "authentic" Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Far from invoking a set of arbitrary proportions for property division , the Islamic
inheritance rules seek to support a conscious socio - economic religious ideology
. They ensure that a range of family members are able to access property ...

Islam, Law, and Equality in Indonesia

An Anthropology of Public Reasoning

This book looks at how Muslims in Indonesia struggle to reconcile radically different sets of social norms and laws.

worship , to be encouraged as a genuine source and means of piety ; and Islam
as politics , repellent to Snouck Hurgronje and to some other Europeans . Islam
as politics contradicted European notions of what a liberal , civil society ought to ...

In the House of the Law

Gender and Islamic Law in Ottoman Syria and Palestine

In an rewarding new study, Tucker explores the way in which Islamic legal thinkers understood Islam as it related to women and gender roles. In seventeenth and eighteenth century Syria and Palestine, Muslim legal thinkers gave considerable attention to women's roles in society, and Tucker shows how fatwas, or legal opinions, greatly influenced these roles. She challenges prevailing views on Islam and gender, revealing Islamic law to have been more fluid and flexible than previously thought. Although the legal system had a consistent patriarchal orientation, it was modulated by sensitivities to the practical needs of women, men, and children. In her comprehensive overview of a field long neglected by scholars, Tucker deepens our understanding of how societies, including our own, construct gender roles.

In the House of the Law examines how law, in both theory and practice, shaped gender roles in Palestine and Syria during the seventeenth and eighteenth centuries.

State, Society, and Law in Islam

Ottoman Law in Comparative Perspective

This book explores the legal structure of the Ottoman Empire between the sixteenth and early nineteenth centuries and examines its association with the Empire's sociopolitical structure. The author's main focus is on the relationship between formal Islamic law and the law as it was actually administered in seventeenth- and eighteenth-century Istanbul and its environs. Using court records, other primary archival documents, and little-used Islamic literature, Gerber establishes for the first time that large bodies of the law were indeed practiced and enforced as law. This refutes the ethnocentric Western view, propagated by Max Weber, that Islamic law was dispensed arbitrarily because of a widening gap between ossified Muslim law and a changing Muslim society. Gerber furthermore integrates his empirical research into a wider theoretical framework adapted from legal and historical-legal anthropology and uses this material as the basis for comparisons between the Ottoman Empire's legal system and other legal systems, most notably that of Morocco. This book shows that although Islamic law as practiced did have to contend with an inviolable sacred core, historical development nevertheless took place that can shed new light on the civilization of Islam.

Islamic State Practices, International Law and the Threat from Terrorism

A Critique of the 'Clash of Civilizations' in the New World Order

In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism.

2 The Sharia and Siyar in the Development of the Law of Nations
INTRODUCTION OUR EARLIER EXAMINATION has highlighted the complexities
inherent in enunciating absolute principles of the Sharia and the Siyar.1
Notwithstanding ...