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The Objectives of Islamic Law

The Promises and Challenges of the Maqasid Al-Shari'a

This book captures the growing debate among Muslim scholars about the theory of the "Objectives of the Sharī'a" (maqāṣid al-sharī'a) and its role in reforming Islamic law. The book is divided into two parts--one highlighting the theory's potential and the other its challenges.

This book captures the growing debate among Muslim scholars about the theory of the "Objectives of the Sharī'a" (maqāṣid al-sharī'a) and its role in reforming Islamic law.

The Law Applied

Contextualizing the Islamic Shari'a

A sea change has taken place in Islamic legal studies. This book both reflects and contributes to that change. Traditionally, scholars in this field have tended to focus on law as a body of rules and doctrines, as 'fiqh'. This volume is more interested in how the law has been applied to concrete situations. It looks at judicial decision-making, legal responsa (fatwas), customary practices, the actions of public inspectors, cultural contexts, and theological discourses as well as modern legal reform and constitutional development. Reflecting the interests of a new academic generation, The Law Applied offers an ambitious and textured account of how Islamic law works in practice in the social life of the contemporary world.

Traditionally, scholars in this field have tended to focus on law as a body of rules and doctrines, as 'fiqh'. This volume is more interested in how the law has been applied to concrete situations.

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.

Law, Christianity and Modernism in Islamic Society

Proceedings of the Eighteenth Congress of the Union Européenne Des Arabisants Et Islamisants Held at the Katholieke Universiteit Leuven (September 3-September 9, 1996)

The Spirit of Islamic Law

Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.

Focuses on a Muslim legal science known in Arabic as usul al-fiqh.

Crime and Punishment in Islamic Law

Theory and Practice from the Sixteenth to the Twenty-First Century

This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.

This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.

Modern Perspectives on Islamic Law

'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.

The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today.

Contemporary Interpretation of Islamic Law

This book does not champion some of the popular misconceptions surrounding Islamic law. It does not advocate stoning to death; amputating the hands of thieves; call for the death penalty for those who leave the fold of Islam; or urge Muslims to save their souls from Hellfire by shunning bank loans for fear of incurring interest. What it does advocate is less sensationalistic, but it is in line with the real interpretation of Islamic law.Contemporary Interpretation of Islamic Law is divided into thirteen chapters. The majority of the chapters concentrate on criminal aspects of Islamic law, while the remainder concern themselves with social issues. Each chapter – where possible – provides background information of the topic under discussion and then proceeds to analyse, examine and critique the contentious parts of the topic, looking at the arguments from all sides and the evidence put forward by each side before arriving at a conclusion. The book is accompanied by a glossary. “Our work differs from other published titles on Islamic law as it takes into account the different aspects of the Qur’an. The Qur’an employs many parables, allegories and metaphors to highlight important messages for Mankind, yet jurists often make the common mistake of either omitting or misinterpreting these devices, resulting in inaccurate and often unlawful rulings which have direct and indirect effects on both Muslims and non-Muslims alike. It is hoped that our work will create a better understanding of the correct interpretation of the Qur’an and Islamic law,” says authors Ahmed Affi and Hassan Affi. Contemporary Interpretation of Islamic Law will appeal to those with an interest is Islam and Islamic law, though no specialist knowledge of Arabic or Islamic law is required.

Introduction Islam takes a dim view on the consumption of alcohol because of the
many ills that alcohol invites, yet, despite Islam's coherent stance on the matter of
alcohol, there will always be some segments of society who will regard Islam's ...

Islamic Law of the Sea

Freedom of Navigation and Passage Rights in Islamic Thought

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.