The Application Of Islamic Criminal Law In Pakistan

Author by : Tahir Wasti
Languange : en
Publisher by : BRILL
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Description : No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.


Crime And Punishment In Islamic Law

Author by : Mohammad Hashim Kamali
Languange : en
Publisher by : Oxford University Press, USA
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Description : In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.


Introduction To Islamic Law

Author by : Jonathan G. Burns
Languange : en
Publisher by : TellerBooks
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Description : “I highly recommend ‘Introduction to Islamic Law: Principles of Civil, Criminal, and International Law under the Shari‘a’ to scholars and any individual who desires to learn about the Shari‘a and its basic values through an objective, methodical study.” Mohamed A. ‘Arafa, Ph.D. Assistant and Adjunct Professor of Law Alexandria University Faculty of Law, Egypt Islamic law (Shari‘a) is an all-inclusive legal tradition that creates a seamless web reaching from the public sphere into the private sphere of life. Thus, the Shari‘a recognizes no bifurcation between legislation and religion, no wall of separation between the mosque and the state, and no compartmentalization of morality, faith, and law. Nonetheless, the duties under Islamic law can be divided into two large subcategories, the first and most important of which mainly concerns the private, individual relationship between God and man. In contrast, the second duty mainly concerns the public, transactional relationships among individuals which – in a secular framework – is most analogous to “law.” Introduction to Islamic Law begins with an overview of Islam as a whole, including a discussion of the sources of Islamic law and sectarian distinctions. Then, the book thoroughly addresses the secondary duties of Islamic law, which govern daily transactions between individuals, including the law of contracts, property, banking and finance, and familial relations as well as criminal law and procedure and the law of war. The legal rules embodied within the Shari‘a are mandatory in jurisdictions adhering to a strict application of Islamic law. However, Islamic law remains highly influential even in Muslim-majority countries with secular legal codes. Nevertheless, given recent developments in the Arab world, as well as the rise of terrorism in the name of Islam, the Shari‘a is a subject that has seeped into the national dialogue of wholly secular, non-Muslim jurisdictions. Thus, Introduction to Islamic Law is offered for scholars and students – both Muslim and non-Muslim, with or without a legal background – for the purpose of obtaining a basic understanding of the foundational concepts of the Shari‘a.


Islam And International Law

Author by :
Languange : en
Publisher by : Martinus Nijhoff Publishers
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Description : Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.


Islam

Author by : Don Peretz
Languange : en
Publisher by : New Horizon Press
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Total Read : 16
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Description : Three essays discuss the origin and history of Islam, the economic problems of the Muslim countries of the Middle East, and the impact of Islam on constitutional and criminal law


Islam And International Criminal Law And Justice

Author by : Tallyn Gray
Languange : en
Publisher by : Torkel Opsahl Academic EPublisher
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Total Read : 76
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Description : This book explores a broad range of issues on Islam and international criminal law and justice. Ten authors shed detailed light on the relationship between Islam, Islamic law and Islamic thought and international criminal law.


Toward An Islamic Reformation

Author by : Abdullahi Ahmed An Na'im
Languange : en
Publisher by : Syracuse University Press
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Total Read : 9
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Description : Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.


Modern Perspectives On Islamic Law

Author by : E. Ann Black
Languange : en
Publisher by : Edward Elgar Publishing
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Description : '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.


Law

Author by : Gholamali Haddad Adel
Languange : en
Publisher by : EWI Press
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Description : The word fiqh literally denotes understanding, though as a term, it has been employed since the late eighth/fourteenth and early ninth/fifteenth centuries in the sense of understanding of the law in the sense of stating the norms and elaborating legal details through scholarly activities. However, the term shari‘a designates the laws of Islam. Jurists (fuqaha’) discover and express the shari‘a. accordingly, the Western concept of ‘legal system’, i.e. the bureaucratic structures of government, is carried by fiqh. The present volume treats of different branches of law, e.g. private, public, criminal, and international, as applied in Muslim countries. This book is part of a series of translations from the Encyclopaedia of the World of Islam (EWI) which was originally compiled in Persian. Other entries from this encyclopaedia which are available in English include History and Historiography, Historical Sources of the Isamic World, Muslim Organisations in the Twentieth Century, Periodicals of the Muslim World, and Hawza-yi ‘Ilmiyya.


Policing Muslim Communities

Author by : Farrukh B. Hakeem
Languange : en
Publisher by : Springer Science & Business Media
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Description : In the past two decades, Muslim countries across the globe have been faced with a crisis in governance. Starting with a summary of Islamic Law (Sharia) and its implications for law enforcement, this book will highlight the unique needs and challenges of law enforcement, and particularly policing, in these communities. It will provide a scholarly exposition of Sharia law and how it is compatible (or not) with policing in a modern context. The role and contribution of Sharia Law towards conceptualizing law enforcement in a modern context is certainly worth looking forward to, especially understanding its co-existence with civil law in countries with minority Muslim communities. Featuring case studies from throughout the Muslim world, this volume will highlight key qualities of Sharia law and Muslim culture that play a role in law enforcement, including: case processing, community policing, police administration, human rights, and the influence of globalization. Taking a comprehensive approach, this work provides a historical context for colonization events in Muslim countries and their influence on current law enforcement systems, as well as providing key insights into the particular norms that make up the bases for Muslim societies, and their unique needs. Looking into the future, it provides guidelines for how community policing can play a proactive role in law enforcement and crime prevention.


Islamic Criminal Law Oxford Bibliographies Online Research Guide

Author by : Oxford University Press
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 68
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Description : 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.


Cruel And Usual Punishment

Author by : Nonie Darwish
Languange : en
Publisher by : Thomas Nelson
Format Available : PDF, ePub, Mobi
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Description : Nonie Darwish lived for thirty years in a majority Muslim nation. Everything about her life?family, sexuality, hygiene, business, banking, contracts, economics, politics, social issues, everything?was dictated by the Islamic law code known as Sharia. But Sharia isn't staying in majority Muslim nations. Darwish now lives in the West and brings a warning; the goal of radical Islam is to bring Sharia law to your country. If that happens, the fabric of Western law and liberty will be ripped in two. Under Sharia law: A woman can be beaten for talking to men who are not her relatives and flogged for not wearing a headdress Daughters, sisters, and wives can be legally killed by the men in their family Non-Muslims can be beheaded, and their Muslim killers will not receive the death penalty Certain kinds of child molestation are allowed The husband of a "rebellious" wife can deny her medical care or place her under house arrest Think it can't happen? In 2008, England?once the seat of Western liberty and now the home of many Muslim immigrants?declared that Sharia courts in Britain have the force of law. When Muslim populations reach as little as 1 or 2 percent, says Darwish, they begin making demands of the larger community, such as foot-level faucets for washing before praying in public schools, businesses, and airports. "Airports in Kansas City, Phoenix, and Indianapolis are among those who have already installed foot baths for Muslim cab drivers," writes Darwish. These demands test how far Westerners will go in accommodating the Muslim minority. How far will they push? The Organization of the Islamic Conference works to Islamize international human rights laws and apply Sharia "standards" for blasphemy to all nations. The penalty for blasphemy? Death. Weaving personal experience together with extensive documentation and research, Darwish exposes the facts and reveals the global threat posed by Sharia law. Anyone concerned about Western rights and liberties ignores her warning and analysis at their peril.


Islamic Public Law

Author by : Ahmed Akgunduz
Languange : en
Publisher by : IUR Press
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Description : “Islamic law contains explications and divisions that imply a classification in terms of public and private law. In this book we will explain the outlines of Islamic public law, e.g. First Chapter; Islamic constitutional law (al-siyāsah al-shar‘iyyah) and administrative law (al-siyāsah al-shar‘iyyah); Second Chapter; penal law (al-̒uqūbāt); Third Chapter; financial law (zakāt, ʻushr, ḫarāj and other taxes); Fourth Chapter; trial law (qaḍā), and Fifth Chapter: international public law (al-siyar). The fields of especially Islamic constitutional law, administrative law, financial law, ta‘zīr penalties, and arrangements concerning military law based on the restricted legislative authority vested by Sharī‘ah rules and those jurisprudential decrees based on secondary sources like customs and traditions and the public good (maslahah) all fell under what was variously called public law, al-siyāsah al-shar‘iyyah (Sharī‘ah policy), qānūn (legal code), qānūnnāmah, ‘orfī ḥuqūq etc. Since these laws could not go beyond Sharī‘ah principles either, at least in theory, they should not be regarded as a legal system outside of Islamic law. But Islamic penal law, financial law, trial law, and international law depend mostly on rules that are based directly on the Qur’an and the Sunnah and codified in books of fiqh (Islamic law) called Sharī‘ah rules, Sharʻ-i sharīf, or Sharī‘ah law. Such rules formed 85% of the legal system. In this book, we will focus on some controversial problems in the Muslim world today, such as the form of government in Islamic law and the relation between Islam and democracy. Islamic law does not stipulate a certain method of state government; nonetheless, we may say that the principles it decrees and its concept of sovereignty suggest a religious republic. As a matter of fact, Ḫulafā al-Rāshidūn (the Rightly Guided Caliphs), were both caliphs and religious republican presidents. We could say that this book has three main characteristics. i) We have tried to base our explanations directly on the primary Islamic law sources. For example, after reading some articles on the caliphate or tīmār system in articles or books by some Western scholars and even by some Muslim scholars, one might conclude that there are different views on these subjects among Muslim scholars. This is not true: Muslisms have agreed on the basic rules on legal subjects, but there are some conflicts regarding nuances and interpretations. If one reads works by Imām Gazzali, Ibn Taymiyyah, al-Māwardi, and al-Farrā’, one will not find any disagreement on the main rules, but there are some different interpretations of some concepts. We have tried to discover where they agreed and we have sometimes pointed to where they differed. ii) We have researched practices of Islamic law, especially legal documents in the Ottoman archives. For example, we explain ḥadd-i sariqa but also mention some legal articles from the Ottoman legal codes (qānunnāmes) and some Sharī‘ah court decisions like legal decrees (i‘lāmāt-i shar‘iyyah). It is well known that nobody can understand any legal system without implementing and practicing it. That also holds for Islamic law because theory alone does not yield a complete understanding of Sharī‘ah rules. iii) We have worked hard to correct some misconceptions and misunderstandings about Islamic law. That is why we appeal to the primary sources. For example, some scholars claim that the Ḥanafī jurist Imām Saraḫsī did not accept the idea of punishment for apostasy. We have studied his work al-Mabsūt and found this claim to be unfounded. The comparison between tīmār and fief is another example because the tīmār system is different from the fief system. Some scholars confuse the concept of sovereignty and governance. The Islamic state is not a theocratic state in the sense in which Europeans understand the term.”


Sharia The Islamic Law

Author by : Corinna Standke
Languange : en
Publisher by : GRIN Verlag
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Description : Seminar paper from the year 2008 in the subject Orientalism / Sinology - Islamic Studies, grade: 1,7, University of Hildesheim (Institut für Angewandte Sprachwissenschaft), course: Ba-Seminar Interkulturelle Kommunikation, 18 entries in the bibliography, language: English, abstract: Today, we live in a multicultural society. In our nearest environment there are people from different cultures or religions and they are part of our society. Muslims are one group that participates in our daily lives. For example, we are surrounded by many Turkish people, without really knowing which principles they follow. If we open a newspaper, we find plenty of articles dealing with Sharia, the Islamic law. There is for example the Archbishop of Canterbury who wants to integrate Islamic law into British law. And at present, the debate on headscarves in Turkish universities revives. Once in a while, we hear from women who are sentenced to death because they had unlawful sexual intercourse. But what do we really know about Muslims? Which rules do they follow and where do these rules come from? If we cannot answer this question, it is difficult to understand why there are these harsh punishments in some Islamic countries and why Islam is so important for the social development of these countries. There are Islamically inspired schools, clinics, social welfare services, and insurance and finance companies that have proliferated. Governments have to face crises of identity and political legitimacy and they are pressured to reformulate values and legislation within an Islamic framework. Some people call for the implementation of Sharia and others call for the Islamization of existing laws. In my paper, I will give an insight into Sharia and I will show how it is implemented in different Islamic countries. As this is a very complex topic, I will focus on the origin of Sharia, customs, family law, and crime and punishment, so as to explain the main principles of Muslim faith.


Women Judges In The Muslim World

Author by :
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 60
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Description : Women Judges in the Muslim World: A Comparative Study of Discourse and Practice offers a socio-legal account of public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries.


Islam

Author by : Jamila Hussain
Languange : en
Publisher by : Federation Press
Format Available : PDF, ePub, Mobi
Total Read : 38
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Description : This book provides an introduction to Islamic law for western readers. It explains the origin and development of the Shariah (Islamic law). It contains updated chapters on the Islamic laws of War and Peace, including juristic opinions on the legality of suicide bombing and the use of modern weapons of mass destruction. It explains the commonalities and the differences in family laws, and the differences in Muslim opinion concerning the status of women. It contains a completely rewritten chapter on Islamic finance and rounds off with a look at Muslim communities in Australia and the way they live their lives.


The Ashgate Research Companion To Islamic Law

Author by : Peri Bearman
Languange : en
Publisher by : Routledge
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Description : This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.


Islamic Law In Modern Courts

Author by : Haider Ala Hamoudi
Languange : en
Publisher by : Wolters Kluwer
Format Available : PDF, ePub, Mobi
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Description : Islamic Law in Modern Courts provides an easily accessible introduction to Islamic law written specifically for law students and legal professionals, and designed to be taught not only by Islamic law specialists, but also by those working in related fields such as law and religion or comparative legal systems. Framed as a casebook, the text uses translations of judicial decisions involving real-world legal disputes to present a picture of Islamic law as it is actually applied in the contemporary world. The casebook draws on material from a variety of countries but focuses primarily on two jurisdictions. Cases from Indonesia exemplify the law of the majority Sunni branch of Islam, while cases from Iraq reflect the influence of both Sunni and Shi’a law. The casebook begins with a brief introduction to the religion of Islam and the sources, methods, and historical development of Islamic law. Four substantive law chapters cover the main subjects over which Islamic law continues to exert significant influence. These include inheritance law, the law of marriage and divorce, Islamic finance and charitable foundations, and Islamic criminal law. A final chapter examines constitutional adjudication of issues related to Islamic law. Key Features: Examines Islamic law as state law that is enforced by national courts but with roots in and ongoing connections with the rich classical tradition. Designed for use by both experts in Islamic law as well as faculty who have an interest in Islamic law but lack extensive background in the subject. Cases are accompanied by commentary that explains and situates the doctrine applied in the decision and suggests questions for classroom discussion. The five substantive law chapters are self-contained units that permit instructors to design a course that focuses on subject areas of particular interest.


Sexual And Gender Diversity In The Muslim World

Author by : Vanja Hamzic
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 79
Total Download : 958
File Size : 52,6 Mb
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Description : Discrimination on the grounds of sexual orientation or gender identity is forbidden in contemporary international human rights law, yet in many interpretations of Islamic law, this is seen to contradict the tenets of Islam. Vanja Hamzic here offers a path-breaking historical and anthropological analysis of the discourses on sexual and gender diversity in the Muslim world. The first of its kind, the book sheds new light on the understanding of diversity and resistance to hegemonic visions of the self in Muslim societies. Combining first-hand ethnographic accounts of Muslims in contemporary Pakistan including the hijra community whose pluralist sexual and gender experience defy the disciplinary gaze of both international and state law with new archival research, this book provides a unique mapping of Islamic jurisprudence, court practice and social developments in the Muslim world. Hamzic provides a comprehensive look at the ways in which sexually diverse and gender-variant Muslims are seen, and see themselves, within the context of the Islamic legal tradition.


Apostasy Oxford Bibliographies Online Research Guide

Author by : Oxford University Press
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 28
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File Size : 46,5 Mb
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Description : 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.


The Muslim Book Of Why

Author by : Imam Warithudeen Umar
Languange : en
Publisher by : iUniverse
Format Available : PDF, ePub, Mobi
Total Read : 95
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Description : Islam is a very mysterious and complex faith, one of intellectual depth in prayer and practice. It is unfortunate that the teachings of Islam have been marred by centuries of intellectual malaise, political misdirection, extremism, and disunity, leaving many spiritual wanderersboth Muslim and non-Muslimto ponder a plethora of unaddressed questions about these sacred teachings. In his newest book, The Muslim Book of Why: What Everyone Should Know about Islam, author, scholar, and leading jihad theorist Warithudeen Umar highlights the concept of ijtihad in an attempt to help answer many of todays most pressing questions about Islam. Ijtihad is described as a creative and disciplined intellectual effort to derive legal rulings from Islamic sources while taking into consideration the variables brought on by the fluctuating circumstances of the Muslim world. Though the world has changed and expanded, humanitys need for these teachings viewed through the clarifying concept of ijtihad has not. To right these wrongs of gross misguidance within Muslim society, we must deconstruct history in order to discern what went wrong after the revelation of the Quran was shared with the world. The Muslim Book of Why seeks to do so, refocusing Muslim thought on a life of faith, family development, and worship.


Law Reform In The Muslim World

Author by : Sir James Norman Dalrymple Anderson
Languange : en
Publisher by : Burns & Oates
Format Available : PDF, ePub, Mobi
Total Read : 26
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Description :


Shariah

Author by : John L. Esposito
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 49
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Description : Most Americans and Europeans have by now heard of Shariah. In the West, politicians, media commentators, televangelists, and others have stoked fears that Muslims intend to impose a repressive rule based on Shariah in America and Europe. Shariah has been portrayed as a medieval system that oppresses women, stifles human rights, and imposes harsh punishments like stoning and amputation. In reality, however, Shariah is a complex concept that has been interpreted in many ways over time and around the world. It plays a vital role in the lives of Muslims around the world, offering guidance on everything from personal morality to ritual practices, family life, and finance. In this timely addition to Oxford's What Everyone Needs to Know® series, John Esposito and Natana DeLong-Bas offer an accessible and thorough guide to this little-understood, but often caricatured system. The book provides clear and even-handed answers to a wide range of questions, covering the history, development, content, and practice of Shariah. What are its origins? What is a Shariah court and how does it work? How does a person become a Muslim in the eyes of Islamic law? Does Islamic law allow Muslims to marry non-Muslims? What are blasphemy laws, and how are they enforced? How does Islamic law govern trade and contracts of sale? Do Muslims in the West want Shariah Law? Is there a need to protect American and European societies from the imposition of Shariah? By answering the questions that so many people have about Shariah and its role in Muslim life, this book makes an invaluable contribution to the crucial task of fostering mutual understanding in our globalizing, pluralistic societies.


The Rule Of Law Freedom Of Expression And Islamic Law

Author by : Hossein Esmaeili
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 54
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Description : 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.


Issues In Islamic Law

Author by : MashoodA. Baderin
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 48
Total Download : 322
File Size : 44,7 Mb
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Description : Islamic substantive law, otherwise called branches of the law (furu? al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of ?cultivation? (istithmar), whereby the qualified jurist (mujtahid), as the ?cultivator?, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of ?fruits? (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.


Positive Law From The Muslim World

Author by : Baudouin Dupret
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 60
Total Download : 229
File Size : 42,7 Mb
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Description : Dupret explores how the concept of positive law operated in the Muslim world.


Freedom Of Expression In Islam

Author by : Muhammad Khalid Masud
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 16
Total Download : 929
File Size : 55,6 Mb
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Description : In Muslim countries, apostasy and blasphemy laws are defended on the grounds that they are based on Islamic Shari'a and intended to protect religion. But blasphemy and apostasy laws can be used both to suppress thought and debate and to harass religious minorities, both inside and outside Islam. This book – comprising contributions from Muslim scholars, experts and activists - critically and constructively engages with the theological, historical and legal reasoning behind the most restrictive state laws around the world to open up new ways of thinking. The book focuses on the struggle within Muslim societies in Iran, Egypt, Pakistan and Indonesia where blasphemy and apostasy laws serve powerful groups to silence dissent and stifle critical thought. The first part of the book covers the development of the law in shifting historical circumstances and surveys the interpretations of Qur'anic verses that seem to affirm freedom of religion. The second part examines the present politics and practices of prosecuting alleged blasphemers and/or apostates in Muslim countries. The third part looks to the future and where reforms of the law could be possible. Debates on Islam and freedom of expression are often cast in polarizing terms of rights versus religion, East versus West. This volume avoids such approaches by bringing together a diverse group of Muslim scholars and activists with the knowledge, commitment and courage to contest repressive interpretations of religion and provide a resource for reclaiming the human rights to freedom of expression and belief.


Muslim Women In Islam

Author by : Timothy Aldred
Languange : en
Publisher by : Createspace Independent Publishing Platform
Format Available : PDF, ePub, Mobi
Total Read : 99
Total Download : 469
File Size : 53,6 Mb
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Description : The Women of Islam. The traditional Muslim woman stands firm as a pillar of religious devotion and obedience. This two-part work is designed to offer the context of the history of the woman's role in Islam from its inception, examining the conditioning of the sacred feminine over time. How deeply are the threads of religious identity sown? What's Inside: * A look at female education, employment, attire, livelihood and inheritance in Islam * Islamic women's role as children, in marriage and as mothers * The indigenous authentication of women in Islam * Contrast of genders in Islam * And more! Muslim Women in Islam is a companion of Timothy Aldred's Sharia Law: A Grisly Work of Islam, Muslim and Criminal Law + Islam and the History of Islamic Terror: Understanding the Role God Plays in a Muslim World. *Expect to have your eyes opened!* Also includes a bonus preview of Timothy Aldred's #1 International Bestseller, 6 Steps to Religious Freedom: Learn How to Reclaim Your Mind From Catholic Church History, Think For Yourself and Enjoy Your True Religious Freedom!