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The Concept of Territory in Islamic Law and Thought

This edited volume analyses the concepts of territory as conceived of and developed in Islamic history. In legal terms the world is divided into two parts, the "dar al-Islam" governed by the Islamic "shari'a" and the "dar al-harb" which is beyond the border of "dar al-Islam." The work explores the central question of what the concepts of territory and border were like for those Muslims who were driven by their will to expand the "dar al-Islam," those who experienced vicissitudes in the course of history, or who were inspired with mystical feelings.

This edited volume analyses the concepts of territory as conceived of and developed in Islamic history.

Religion, Law, and Learning in Classical Islam

This second selection of articles by George Makdisi concentrates on the schools of religious thought and legal learning in the medieval Islamic world and their defence of orthodoxy. The author aims to review and re-assess the implications of the conflict between, first, the rationalist and the traditional theologians (the one accepting the influence of Greek philosophy, the other rejecting it), and then between one of these traditionalist schools - the Hanbali school of law - and Sufi mysticism. One of the most important consequences of the first of these confrontations, he contends, was the emergence of the schools of law as the guardians of the faith and theological orthodoxy.

This second selection of articles by George Makdisi concentrates on the schools of religious thought and legal learning in the medieval Islamic world and their defence of orthodoxy.

Balancing Religion and Finance. Did Islamic Finance overcome possible difficulties that the Islamic law posed on conventional finance?

Bachelor Thesis from the year 2016 in the subject Economics - History, grade: 1,3, University of Mannheim (Fakultät der Rechtswissenschaften und VWL), language: English, abstract: Since the mid-1970s, an industry growing at considerable pace in the Islamic world is gaining market shares all over the world in countries with sufficient Muslim populations. This “Islamic Finance” industry claims to act in line with the ethical and practical principles set forth in the Qu'ran and the Shari'ah, thus appealing to Muslim and non-Muslim clients alike who search for viable alternatives to conventional financial products. As explained, the first beginnings of this phenomenon can be traced well back into the 1970s when the first “Islamic Banks” started operating in Egypt and Jordan. In the past decades, a vast amount of research has been published – empirical and theoretical – to review the impacts of Islamic Finance on the financial markets of the Islamic world. These works, to a great deal inspired by the enormous need of the industry for quantitative and qualitative research, all dealt with questions of comparative efficiency of conventional and Islamic Finance, the demand for Shari'ah-compliant financial products, the actual genuineness, or authenticity, of the industry, etc. However, only a very small portion of these research works dealt with the question whether or not the Islamic world actually needs Islamic Finance. At first, this might seem as a trivial question (if there was no need for Islamic Finance, there would not have been this substantial growth). But at second thought, one realizes the associations that come which come with the question of raison d'être: Why did Islamic Finance emerge? Does it add an economic value to its markets? And most importantly, is it – so far – successfully reaching its goals? To my understanding, the works that deal with this big-picture analysis, are thin on the ground. Therefore, this work shall take a first step at putting Islamic Finance into the historical context it needs to be seen in, by compiling the manifold works into a cross-sectional approach to characterize the industry. The most salient aspects of the analysis here will be legal, historical, and economic ones, in order to grasp the 'big picture' of Islamic Finance.

Since the mid-1970s, an industry growing at considerable pace in the Islamic
world is gaining market shares all over the world in countries with sufficient
Muslim populations. This “Islamic Finance” industry claims to act in line with the
ethical ...

The Formation of Islamic Law

The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.

The fourteen studies included in this volume have been chosen to serve several purposes simultaneously.

Islam and Natural Law

Aristotle, Kant, Marx, and Tabari are only a few of the many world thinkers whom Abul-Fazl Ezzati explores in his sweeping history and analysis of natural law. While this work distinguishes itself from other similar works by its detailed treatment of natural law in Islamic thought, it engages with both Islamic and Western discourse, with topics such as human rights, the inherent human nature, and rationality. The result is an insightful, all-encompassing treatment of human rights and the human beings physical, rational, emotional, and spiritual needs.

This Eurocentric rationalism constitutes an exclusive belief - system that is not
compatible with any religion and certainly not with Islam . 8 . Enlightenment
rationalism is an antidote to Christianity . Islamic rationality , on the contrary , is a
 ...

Administration of Islamic Law in Malaysia

Text and Material

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 ...

State Law as Islamic Law in Modern Egypt

The Incorporation of the Sharī a Into Egyptian Constitutional Law

Explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic Sharī a, and discusses its impact on Egypt's constitutional jurisprudence.

Explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic Sharī a, and discusses its impact on Egypt's constitutional jurisprudence.

Islamic Law in Southeast Asia

A Study of Its Application in Kelantan and Aceh

In both Kelantan and Aceh, Islamic law was first developed in the thirteenth century with the coming of Islam to the region, but was later replaced by colonial legal systems, and then by the jurisprudence of national governments following independence. Reinstituting Islamic law has become a dominant political issue in both countries. --

knowledge , ” shows that early Islam regarded knowledge of the sacred Law as
knowledge par excellence . 47 Zafar Ishaq Ansari begins his foreword with
Schacht ' s opinion , but goes further by saying , “ there can be no denying that
among ...

Yearbook of Islamic and Middle Eastern Law

2008-2009

Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. The publication's practical features include: - articles on current topics, - country surveys reflecting important new legislation and amendments to existing legislation per country, - the text of a selection of documents and important court cases, - a Notes and News section, and - book reviews.

In Negeri Sembilan , where apostasy is not illegal , those who do go to the
syariah courts seeking to leave Islam face a mandatory waiting period and
voluntary counselling . The list of states that have criminalised apostasy do not
correspond ...

The Islamic School of Law

Evolution, Devolution, and Progress

These selected papers from the III International Conference on Islamic Legal Studies, held in 2000 at Harvard Law School, offer building blocks toward the entire edifice of understanding the complex development of the madhhab, a development that, even in the contemporary dissolution of madhhab lines and grouping, continues to fascinate.

From Fatwas to Furūʻ : Growth and Change in Islamic Substantive Law , ” in
Islamic Law and Society , 1 : 29 – 65 . - 1994b . “ Murder in Cordoba : ijtihād , iftā '
and the Evolution of Substantive Law in Mediaeval Islam , ” in Acta Orientalia , 55
 ...