2011 Updated Reprint. Updated Annually. Islamic International Law and Jihad (War) Law Handbook
2011 Updated Reprint. Updated Annually. Islamic International Law and Jihad (War) Law Handbook
This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.
This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'.
The essays in this volume provide focused examinations of the internal dynamics of intellectual and institutional Islamic law in modern Indonesia, together offering a substantive introduction to important developments in both the theory and practice of law in the world's most populous Muslim society.
Legislation as Islamic law Jurisprudence ( fiqh ) is the primary source of
substantive and procedural law for Islamic courts . However , in light of the
scarcity of judges who have attained an adequate mastery of Islamic
jurisprudence , many ...
He emphasized on the purpose of law . According to him , law cannot properly be
understood without reference to its specific purpose . Considering it as an
enterprise subjecting human conducts to the guidance of rules sees the general ...
Despite the historical and contemporary significance of the Sharia, it has not yet been possible to solve the puzzle of its origins. Whereas previous research has postulated a greater or lesser degree of endogenous Islamic development, the present study reaches a different conclusion, namely that at the end of the 8th century Muslim state lawyers in Baghdad codified an Islamic “Imperial Law”, oriented strongly towards Roman-Byzantine law. It is part of an Islamic-Byzantine context, and can only be explained against this intercultural background.
Abundance of Comparative Studies Although there is almost nobody to maintain
direct reception we find a considerable number of studies comparing Islamic law
with one of the pre-Islamic legal systems such as Jewish law, Sassanid law, ...
However, the outlines of Islamic law of property, contracts and obligations did not
form part of the customary law of the pre- Islamic Arabs. It is very likely that both
cities of Makkah and 96 Madánah had a law, possibly consisting of foreign ...
... 1982 ) asy - Syafi'i , ar - Risâlah , ( Beirut : Dar al - Fikr , 1309 H ) _ , al - Umm , ( Beirut : Dar al - Fikr , 1990 M ) asy - Syairasyi , Abu Ishaq Ibrahim bin ` Ali bin Yusuf , alMuhadzdzab fi Fiqh al - Imâm asy - Syafi'î ...
