Islamic Law In Practice

Author by : Arif Ali Khan
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 19
Total Download : 327
File Size : 54,6 Mb
GET BOOK

Description :


Islamic Law

Author by : Mashood A. Baderin
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 61
Total Download : 753
File Size : 54,5 Mb
GET BOOK

Description : Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.


Shar A

Author by : Wael B. Hallaq
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 16
Total Download : 197
File Size : 48,8 Mb
GET BOOK

Description : In recent years, Islamic law, or Shari'a, has been appropriated as a tool of modernity in the Muslim world and in the West and has become highly politicised in consequence. Wael Hallaq's magisterial overview of Shari'a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative. In so doing, Hallaq takes the reader on an epic journey tracing the history of Islamic law from its beginnings in seventh-century Arabia, through its development and transformation under the Ottomans, and across lands as diverse as India, Africa and South-East Asia, to the present. In a remarkably fluent narrative, the author unravels the complexities of his subject to reveal a love and deep knowledge of the law which will inform, engage and challenge the reader.


Emerging Issues In Islamic Finance Law And Practice In Malaysia

Author by : Umar A. Oseni
Languange : en
Publisher by : Emerald Group Publishing
Format Available : PDF, ePub, Mobi
Total Read : 39
Total Download : 239
File Size : 48,8 Mb
GET BOOK

Description : Through a thorough analysis of emerging legal and regulatory issues in Islamic finance law and practice in Malaysia, this exciting new study covers issues such as blockchain technology, anti-money laundering, and FinTech in Islamic finance.


Living Sharia

Author by : Timothy P. Daniels
Languange : en
Publisher by : University of Washington Press
Format Available : PDF, ePub, Mobi
Total Read : 97
Total Download : 596
File Size : 50,5 Mb
GET BOOK

Description : Drawing on ethnographic research, Living Sharia examines the role of sharia in the sociopolitical processes of contemporary Malaysia. The book traces the contested implementation of Islamic family and criminal laws and sharia economics to provide cultural frameworks for understanding sharia among Muslims and non-Muslims. Timothy Daniels explores how the way people think about sharia is often entangled with notions about race, gender equality, nationhood, liberal pluralism, citizenship, and universal human rights. He reveals that Malaysians� ideas about sharia are not isolated from�nor always opposed to�liberal pluralism and secularism. Living Sharia will be of interest to scholars as well as to policy makers, consultants, and professionals working with global NGOs.


History Of Islamic Law

Author by : Noel Coulson
Languange : en
Publisher by : Edinburgh University Press
Format Available : PDF, ePub, Mobi
Total Read : 32
Total Download : 175
File Size : 51,8 Mb
GET BOOK

Description : The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.


State Society And Law In Islam

Author by : Haim Gerber
Languange : en
Publisher by : SUNY Press
Format Available : PDF, ePub, Mobi
Total Read : 32
Total Download : 572
File Size : 41,8 Mb
GET BOOK

Description : This book explores the legal structure of the Ottoman Empire between the sixteenth and early nineteenth centuries and examines its association with the Empire's sociopolitical structure. The author's main focus is on the relationship between formal Islamic law and the law as it was actually administered in seventeenth- and eighteenth-century Istanbul and its environs. Using court records, other primary archival documents, and little-used Islamic literature, Gerber establishes for the first time that large bodies of the law were indeed practiced and enforced as law. This refutes the ethnocentric Western view, propagated by Max Weber, that Islamic law was dispensed arbitrarily because of a widening gap between ossified Muslim law and a changing Muslim society. Gerber furthermore integrates his empirical research into a wider theoretical framework adapted from legal and historical-legal anthropology and uses this material as the basis for comparisons between the Ottoman Empire's legal system and other legal systems, most notably that of Morocco. This book shows that although Islamic law as practiced did have to contend with an inviolable sacred core, historical development nevertheless took place that can shed new light on the civilization of Islam.


Modernization Tradition And Identity

Author by : Euis Nurlaelawati
Languange : en
Publisher by : Amsterdam University Press
Format Available : PDF, ePub, Mobi
Total Read : 25
Total Download : 394
File Size : 48,8 Mb
GET BOOK

Description : Nurlaelawati's close and contextually sensitive analysis of judicial practice in Indonesia's Islamic courts yields invaluable insights into the subtle dynamics of legal change in a modern Islamic legal system. Prof. Mark Cammack, Professor of Law, Southwestern Law School, Los Angeles --


Saudi Business Law In Practice

Author by : Frank E Vogel
Languange : en
Publisher by : Hart Publishing
Format Available : PDF, ePub, Mobi
Total Read : 42
Total Download : 407
File Size : 41,7 Mb
GET BOOK

Description : In this landmark publication, the world's leading expert in the legal system of Saudi Arabia explains and documents the uncodified principles of contract, tort, and property that frame the business laws of the Kingdom. Drawing on 8,500 newly published court decisions, as well as on statutory law, interviews and a wide range of other material, the book sets out to determine the actual practice of Saudi courts in these spheres, both substantively and as to reasoning and procedure. With unique insights into and understanding of this fascinating jurisdiction, this book simply must be read by all engaged with law or business in the region. Also, given its focus on how certain Islamic legal rules and principles are applied in practice, the book will prove an invaluable resource for scholars of Islamic law past and present.


Islamic Law

Author by : Robert Gleave
Languange : en
Publisher by : I.B.Tauris
Format Available : PDF, ePub, Mobi
Total Read : 15
Total Download : 141
File Size : 45,5 Mb
GET BOOK

Description : This book deals with the theory and practice of Islamic law in both the formative classic and modern periods and over a wide range of societies. The book also focuses on the role of Ijtihad in both Sunni and Shi'i fiqh and in collections of fatwa


Instalment Sales In Islamic Law

Author by : Salah Fahd Al-Shalhoob
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 77
Total Download : 500
File Size : 41,6 Mb
GET BOOK

Description :


Dispensing Justice In Islam

Author by : Muḥammad K̲ālid Masud
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 26
Total Download : 152
File Size : 51,5 Mb
GET BOOK

Description : Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).


Islamic Finance

Author by : David Eisenberg
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 47
Total Download : 216
File Size : 55,5 Mb
GET BOOK

Description : This work is a practical guide to the fundamental principles of Islamic law and their application to Islamic finance transactions. Focusing on structures adopted in actual transactions it addresses the entire range of financial products of current interest, including conventional structures for debt and equity financing, derivatives, and insurance.


What Is The Sharia

Author by : Baudouin Dupret
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 92
Total Download : 478
File Size : 52,5 Mb
GET BOOK

Description : In the West, "sharia" often calls to mind antiquated laws founded upon gender discrimination and barbaric punishments. In the East, for some it means the ideal standards by which Muslims strive to live; for others, it is the greatest obstacle to modernization of their societies. These clashing views sometimes lead to violence. Clarification of the term has therefore become an urgent necessity. Sharia is all of these things and much more. It is the legal system of Islam, a series of guidelines and prohibitions. But it is also a concept invested with a whole range of meanings, from the virtuous attributes of an "'ideal"' society, to the confinement of particular elements to otherness and adversity. Moving through history, society and Islamic thought to explore the sources of sharia law, Baudouin Dupret gets to the heart of its uses and abuses in the twentieth and twenty-first centuries. This short, accessible book provides an invaluable guide for those seeking to understand a matter more complex and pressing today than ever before.


Shari A Law In Commercial And Banking Arbitration

Author by : Dr Abdulrahman Yahya Baamir
Languange : en
Publisher by : Ashgate Publishing, Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 73
Total Download : 718
File Size : 42,8 Mb
GET BOOK

Description : This book provides an analysis of how commercial and banking disputes can be settled under the Islamic regime for arbitration. The work focuses on the Saudi legal system as representative of Shari'a law in commercial and banking arbitration, and where relevant, makes comparisons with the settlement of banking disputes in Egypt and the UAE. Shari'a Law in Commercial and Banking Arbitration provides a general introduction to the Saudi law and to the main principles and sources of Islamic Shari'a, on which Saudi law is based. It explores uncertainties resulting from the current system, such as the payment of interest, and examines possible alternative remedies for both domestic and international banking arbitration. It will be key reading for anyone interested in business and commercial law.


Islamic Law And Society

Author by : Emine Enise Yakar
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 10
Total Download : 617
File Size : 43,6 Mb
GET BOOK

Description : This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.


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 : 95
Total Download : 980
File Size : 50,8 Mb
GET BOOK

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.


Islamic Law In Practice

Author by : Mashood A. Baderin
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 88
Total Download : 624
File Size : 40,7 Mb
GET BOOK

Description : Islamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.


Sharia Transformations

Author by : Michael G. Peletz
Languange : en
Publisher by : University of California Press
Format Available : PDF, ePub, Mobi
Total Read : 13
Total Download : 820
File Size : 43,6 Mb
GET BOOK

Description : Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.


An Introduction To Islamic Law

Author by : Joseph Schacht
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 64
Total Download : 266
File Size : 44,5 Mb
GET BOOK

Description : This book presents a broad account of the present knowledge of the history and outlines the system of Islamic law. Showing that Islamic law is the key to understanding the essence of one of the great world religions, this book explores how it still influences the laws of contemporary Islamicstates, and is in itself a remarkable manifestation of legal thought.


Locating The Shar A

Author by : Sohaira Siddiqui
Languange : en
Publisher by : Studies in Islamic Law and Soc
Format Available : PDF, ePub, Mobi
Total Read : 65
Total Download : 854
File Size : 54,7 Mb
GET BOOK

Description : The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century. Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.


Sharia Dynamics

Author by : Timothy P. Daniels
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 44
Total Download : 959
File Size : 46,6 Mb
GET BOOK

Description : This multidisciplinary volume explores the role of Islamic law within the dynamic processes of postcolonial transformation, nation building, and social reform. Here, eleven international scholars examine Islamic law in several contemporary sociopolitical contexts, focusing specifically on Malaysia, Indonesia, Pakistan, China, Tunisia, Nigeria, the United States, and the International Islamic Fiqh Academy (IIFA) of the Organization of Islamic Cooperation (OIC). The contributors also address the entanglement of Islamic law and ethics with the history of Muslim religious discourses, shifts toward modernity, gender relations, and efforts to construct exclusive or plural national communities. Sharia Dynamics, at once enchanting and enlightening, is a must-read for scholars of contemporary Islam.


Issues In Islamic Law

Author by : MashoodA. Baderin
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 39
Total Download : 999
File Size : 42,8 Mb
GET BOOK

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.


Islamic Law And Governance

Author by : Hisham Ramadan
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 45
Total Download : 819
File Size : 50,6 Mb
GET BOOK

Description : Many in the West think that they know about Islamic law and its system of governance. But they are victims of the illusion of knowledge. They receive false knowledge from Islamophobics who refuse to acquire or acknowledge true knowledge. Misapplication of Islamic law and its system of governance in many Muslim majority states re-enforces this false knowledge. Misunderstanding must be illuminated with knowledge. Islamic law and its system of governance misapplication must be clarified. This is the goal of the book. Because this book utilizes only the most authentic sources of Sunni Islam to defeat ignorance, it poses a great challenge to the Islamophobia's demagogue. This book uproots years of Islamophobic work seeking to spread ignorance and hatred of Islam. To be sure, this book is neither an apology, propaganda, nor a work of advocacy. It aims only to illustrate what Sunni Muslims believe of Islamic law and its Ideal system of governance. Neither wrong practices of Islamic law and its system of governance nor the smokescreen of Islamophobia should control our understanding of the subject matter. A simple analogy may clarify the issue at hand. A distinction ought to be made between the car and the driver. A distinction must be made between Islamic law and its system of governance on one hand and the common misunderstandings and misrepresentation by Muslim majority States.


Shariah

Author by : John L. Esposito
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 28
Total Download : 683
File Size : 46,6 Mb
GET BOOK

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 Status Of Women Under Islamic Law And Modern Islamic Legislation

Author by : Jamal J. Nasir
Languange : en
Publisher by : Brill's Arab and Islamic Laws
Format Available : PDF, ePub, Mobi
Total Read : 70
Total Download : 544
File Size : 47,7 Mb
GET BOOK

Description : Within the broad principles of Islamic law, this book examines the status of women with regard to marriage, the iddat, parentage, fosterage and custody.


The Ashgate Research Companion To Islamic Law

Author by : Peri Bearman
Languange : en
Publisher by : Ashgate Publishing, Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 16
Total Download : 795
File Size : 45,7 Mb
GET BOOK

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.


Emerging Issues In Islamic Finance Law And Practice In Malaysia

Author by : Umar A. Oseni
Languange : en
Publisher by : Emerald Group Publishing
Format Available : PDF, ePub, Mobi
Total Read : 89
Total Download : 514
File Size : 47,6 Mb
GET BOOK

Description : Through a thorough analysis of emerging legal and regulatory issues in Islamic finance law and practice in Malaysia, this exciting new study covers issues such as blockchain technology, anti-money laundering, and FinTech in Islamic finance.