Soalan : Adakah seseorang yang beragama Islam yang pergi bersembahyang di
kuil Sikh mengikut cara sembahyang agama Sikh terkeluar daripada agama Islam ? Jawapan : Seseorang yang beragama Islam yang pergi bersembahyang
di ...
CHAPTER FIVE : THEOLOGY AND LAW 108 . FIRMAGE , E . B . , B . G . Weiss , J
. W . WELCH , and OTHERS ( eds . ) , Religion and Law : Biblical - Judaic and
Islamic Perspectives . Winona Lake , IN : Eisenbrauns , 1990 . xii , 401 pp . 109 .
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
...
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) ...
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 ...
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.
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 ...
"Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself," asserts renowned Islamic law scholar Joseph Schacht. At a time when Islamic fundamentalism is flourishing, the relation of religion to law-related behavior needs to be scrutinized. This volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle East nations. Eight chapters, contributed by experts in the field, and a cogent introduction by Dwyer deal with the practical intricacies of personal status law and assess law in the public domain.
A striking element in the cultural configurations that are grounded in Islam is the
primary place that law has within them. In Islam, law consists of a comprehensive
set of rules for human conduct as provided through Allah's command, with those
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The book analyzes attitudes to people with various disabilities based on Muslim jurists’ works in the Middle Ages and the modern era. Very little has been written so far on people with disabilities in a general Islamic context, much less in reference to Islamic law. The main contribution of the book is that it focuses on people with disabilities and depicts the place and status that Islamic law has assigned to them.
The general Islamic ethics of life as it emerges from the Qur'an and the Sunna,
and the spirit of Islamic law, emphasize the importance of the preservation of the
wholeness and dignity of the human body. From a theological point of view a ...
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 ...
