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The Rule of Law, Freedom of Expression and Islamic Law

The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

Islamic Criminal Law: Oxford Bibliographies Online Research Guide

This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.

Kamali writes in a clear, concise manner, making this article easy to read for
those without an extensive background in Islamic law. ▻Kirby, Michael. “
Fundamental Human Rights and Religious Apostasy: The Malaysian Case of
Lina Joy.

Maqasid Al-shariah as Philosophy of Islamic Law

A Systems Approach

In this path breaking study, Jasser Auda presents a systems approach to the philosophy and juridical theory of Islamic law based on its purposes, intents, and higher objectives (maqasid). For Islamic rulings to fulfill their original purposes of justice, freedom, rights, common good, and tolerance in today's context, Auda presents maqasid as the heart and the very philosophy of Islamic law. He also introduces a novel method for analysis and critique, one that utilizes relevant features from systems theory, such as, wholeness, multidimensionality, openness, and especially, purposefulness of systems. This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.

This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, ...

The Flexibility of Shariah (Islamic Law), with Reference to the Iranian Experience

This thesis verifies that no laws in Islam are immutable. Immutability is only applicable to faith, values and ultimate goals in Shariah. Those laws which look immutable even in ritual part of the religion are not actually immutable and are subject to change under special circumstances. Islamic laws have been developed out of certain conditions and necessities of the time and space. This flexibility must be known as the essential feature of the Islamic law. The framework for this flexibility and change has been predicted and verified in the main sources of Shariah, i.e. the Quran, the Sunnah, Ijma, Qiyas, Aql and Urf. The primary source of the Islamic law (the Quran) is, in itself, flexible on the basis of the analysis that the Quranic legislation leaves room for flexibility in the evaluation of its injunctions. The Quran is not specific on the precise value of its injunctions, and it leaves open the possibility that a command in the Quran may sometimes imply an obligation, a recommendation or a mere permissibility. Commands and prohibitions in the Quran are expressed in a variety of forms which are often open to interpretation. The main devices for change predicted in Shariah are Ijtihad, Maslaha and Al-ahkam-al-thanaviiah (secondary rules). Chapter One discusses the concept and development of Ijtihad. In Chapter Two, the role of Ijtihad in providing the Shariah with flexibility will be analysed. Chapter Three outlines how in practice Ijtihad has been effective in making the Islamic law flexible. Chapter Four is devoted to the concept of Al-ahkam-al-thanaviiah (secondary rules) as it has been developed by Muslim jurists. Chapter five will deal with the theory of Maslaha as a dynamic device in Shariah. Finally, in chapter six, the role of Al-ahkam-al-thanaviiah and Maslaha in Islamic Iranian law will be examined as it has beeen developed over the years.

This thesis verifies that no laws in Islam are immutable.

The Spirit of Islamic Law

The volume outlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of the fallibility of human endeavor to capture divine intent; a toleration of legal diversity; a moralistic bent grounded in a particular social vision; and finally, a preoccupation with the affairs of private individuals - especially family relations and contracts - coupled with a concern to define the limits of governmental power.

The volume outlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of ...

Qur'anic Studies Today

Qur'ānic Studies Today brings together specialists in the field of Islamic studies to provide a range of essays that reflect the depth and breadth of scholarship on the Qur'ān. Combining theoretical and methodological clarity with close readings of qur'ānic texts, these contributions provide close analysis of specific passages, themes, and issues within the Qurʾān, even as they attend to the disciplinary challenges within the field of qur'ānic studies today. Chapters are arranged into three parts, treating specific figures appearing in the Qurʾān, analysing particular suras, and finally reflecting on the Qur'ān and its "others." They explore the internal dimensions and interior chronology of the Qur'ān as text, its possible conversations with biblical and non-biblical traditions in Late Antiquity, and its role as scripture in modern exegesis and recitation. Together, they are indispensable for students and scholars who seek an understanding of the Qur'ān founded on the most recent scholarly achievements. Offering both a reflection of and a reflection on the discipline of qur'ānic studies, the strong, scholarly examinations of the Qur'ān in this volume provide a valuable contribution to Islamic and qur'ānic studies.

Offering both a reflection of and a reflection on the discipline of qur'ānic studies, the strong, scholarly examinations of the Qur'ān in this volume provide a valuable contribution to Islamic and qur'ānic studies.

Journal of the International Qur'anic Studies Association, Volume 3 (2018)

We are pleased to announce the launch of the Journal of the International Qur'anic Studies Association (JIQSA). In support of the association's mission of fostering scholarship on the Qur'an, the journal will publish twice annually. Articles will be rigorously peer-reviewed through a double-blind review process, with reviewers appointed by the Co-Editors and the international Editorial Board. The journal is being launched at a time of particular vitality and growth in Qur'anic Studies, and its primary goal is to encourage the further development of the discipline in innovative ways. Methodologies of particular interest to the journal include historical-critical, contextual-comparative, and literary approaches to the Qur'an. We welcome articles that explore the Qur'an's origins in the religious, cultural, social, and political contexts of Late Antiquity; its connections to various literary precursors, especially the scriptural and parascriptural traditions of older religious communities; the historical reception of the Qur'an in the west; the hermeneutics and methodology of Qur'anic exegesis and translation (both traditional and modern); the transmission and evolution of the textus receptus and the manuscript tradition; and the application of various literary and philological modes of investigation into Qur'anic style and compositional structure.

We are pleased to announce the launch of the Journal of the International Qur'anic Studies Association (JIQSA).

Journal of the International Qur'anic Studies Association Volume 1 (2016)

The Journal of the International Qur'anic Studies Association (JIQSA) is a peer reviewed annual journal published on behalf of the International Qur'anic Studies Association, a nonprofit learned society for scholars of the Qur'an. JIQSA welcomes article submissions that explore the Qur'an's origins in the religious, cultural, social, and political contexts of Late Antiquity; its connections to various literary precursors, especially the scriptural and parascriptural traditions of older religious communities; the historical reception of the Qur'an in the West; the hermeneutics and methodology of qur'anic exegesis and translation (both traditional and modern); the transmission and evolution of the textus receptus; Qur'an manuscripts and material culture; and the application of various literary and philological modes of investigation into qur'anic style, compositional structure, and rhetoric.

The Journal of the International Qur'anic Studies Association (JIQSA) is a peer reviewed annual journal published on behalf of the International Qur'anic Studies Association, a nonprofit learned society for scholars of the Qur'an.