Crimes And Punishments Under Islamic Law

Author by : Yahaya Yunusa Bambale
Languange : en
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Description : This is an apt publication for modern times, in which 'Sharia' has become a byword for an unacceptable social system, and is vilified as such; when crime is rife in communities governed by Sharia; and when in the non-Islamic West, the Islamic social and criminal justice systems are subject to intense public scrutiny and criticism, but remain little understood. The author presents a clear and factual account of the Islamic criminal justice system, expounding what he considers to be the real issues of Sharia, often ignored or misrepresented by both Islamic and Western scholars, and explaining its wider Islamic context and ethics, its Arabic roots, classical heritage and terminology, and its relevance to contemporary Muslim societies. Contents: concept of crime; features of Islamic criminal liability; defences to Islamic criminal liability; 'Hudud' crimes; 'Zina' - adultery or fornication; 'Qadhf' - slander or false accusation; 'Hadd' offence of 'al-sariqa' - theft; 'Hadd' offence of 'shurbul khamr' - wine drinking; 'Hiraba' - brigandage or highway armed robbery; 'Riddah' - apostasy; 'Baghye' - rebellion or treason; 'Qisas - retaliation; 'Ta'azir' punishment.


Punishment Under Islamic Law

Author by : Abdul-Haq al- Ani
Languange : en
Publisher by :
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Cruel And Usual Punishment

Author by : Nonie Darwish
Languange : en
Publisher by : Thomas Nelson
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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.


Crime And Punishment Under Islamic Law

Author by : M. Mukarram Ahmed
Languange : en
Publisher by :
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Description : The Arabic word janayat means the wrong committed by someone. It is the infinitive of Jani Alaih Sharrun meaning so and so has done wrong to so and so. In the terminology of Islamic jurisprudence, the term connotes committing an act which is unlawful under the shariah, whether such and act affects the life of someone or his property, et.


Crime And Punishment In Islamic Law

Author by : Rudolph Peters
Languange : en
Publisher by : Cambridge University Press
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Description : This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.


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.


Islamic Criminal Law Oxford Bibliographies Online Research Guide

Author by : Christie S. Warren
Languange : en
Publisher by : Oxford University Press
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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.


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.


Acquisition And Transfer Of Property In Islamic Law

Author by : Yahaya Yunusa Bambale
Languange : en
Publisher by : Codesria
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Description : Dedication - Foreword - Preface- Abbreviations; Chapter 1: Concept of ownership [ Classification of ownership; The mode of acquiring ownership of property; The lawful ways of acquiring private ownership; Property and its classifications]; Chapter 2: Work [The best and dignified work; The classification of work; The physical and manual work; The office work (salaried employment);The intellectual work; The qualities of a good worker; Rights and protection of worker; Unemployment]; Chapter 3: Sale [ Types of sale; Conditions of valid sale; Conduct of the parties in a sale transaction; The lawful and unlawful sale transactions]; Chapter 4: Gift [Gift distinguished from other related concepts; Gift distinguished from sadaqah (alms, deed); Gift distinguished from ariya; Conditions for a valid gift; Structure of a gift; Donation subject-matter (Al-mawhub); Revocation of a gift]; Chapter 5: Testate succession [Types of will; Void and voidable will; Object of making a will; Form of will; Revocation of a will; The lapse of a will]; Chapter 6: Intestate succession [ Definition; Pre-Islamic law relating to succession; Constituents of succession (Arkanul - Mirath); Grounds of inheritance; Liabilities of the deceased; Legal heirs; The fractions in succession]; Chapter 7: Legal impediments to acquisition of property; Introduction; Fraud (Gish/Ghabn); Hoarding (Ihtikar); Bribery (Rashwah); Death-sickness gift (Ahwal Mard-ul-Mawt); Theft (Sariqah); Impediments to inheritance (Mawani'al-Irth); Bibliography; Index Dr Yahaya Y. Bambale, former Head, Department of Islamic Law, and Assistant Dean for both undergraduate and postgraduate studies in the Faculty of Law, Ahmadu Bello University, Zaria, Nigeria, is a Reader. His currently on sabbatical leave at the IBB University, Lapai, Niger State of Nigeria where he is the Dean of Students. He is the author of Crimes and Punishment Under Islamic Law.


Criminal Law And The Rights Of The Child In Muslim States

Author by : Nisrine Abiad
Languange : en
Publisher by : BIICL
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Description : By analyzing legislative and judicial actions in a selection of Muslim and non-Muslim States in relation to the rights of the child in criminal matters, this book identifies the possible harmonization between the obligations of international human rights law (e.g. the UN Convention on the Rights of the Child [UNCRC]) and the criminal justice systems within each State, particularly Islamic law (Sharia).The book features introductory chapters on child offenders in criminal law and Islamic law, and country reports (from rapporteurs) on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria, Pakistan, Spain, Turkey, the United Arab Emirates, as well as the UK. Among other issues, the book discusses: the definition of 'child' in criminal law * the rights for child offenders under international law (UNCRC, the Beijing Rules, etc.) * the rights of the child under Islamic regional instruments * Islamic law, as it relates to child offenders * the age of criminal liability * the death penalty * the role of the judiciary in criminal cases within Muslim jurisdictions. Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the way various ways Islamic criminal law is implemented and the role of the judiciary in expanding the protection of juvenile offenders.


Death Penalty Under Hudud And Qisas From Modern Penology S Perspective

Author by : Marli Candra
Languange : en
Publisher by :
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Description : Death punishment is a debatable issue that attracts the attention of scholars either in favour of or against it. This issue is intensively discussed in countries which still retain the death punishment for the offence committed in their territory, like the United State of America (USA), China and most of Muslim countries. In the case of the USA and China, the death punishment comes into the issue of crime prevention and reduction, whereas in Muslim countries, death punishment relates to the issue associated to religion as the death punishment is mostly related to ḥudūd and qiṣāṣ offenses which are unchangeable and should be applied in the Muslim life. This research tries to elucidate the penological aspect of death punishment in Islamic criminal law and compares it to the modern penological policy of modern criminal law. It is mostly based on qualitative approach which was designed to gather an in-depth understanding of the concept of punishment and its justification in the modern penology as well as in Islamic perspective. This approach is also based on analytical as well as comparative analysis in order to find the answers to the questions in this research. It is found that the justification for death punishment which is mainly contained in the ḥudūd and qiṣāṣ offenses is not detrimental to what is understood by modern penology. Islamic law provides death punishment for serious offenses, but it also prescribes ways on how to abolish such punishments. It is in concurrence with the modern abolishment approach with regard to death punishment. In another dimension, it is concluded that Islamic law is in accordance with the concept of human rights, particularly in the matter of punishment. Therefore, it is applicable to our modern era.


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.


Issues In Islamic Law

Author by : MashoodA. Baderin
Languange : en
Publisher by : Routledge
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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.


Islam And Punishment

Author by : Muhammad Haroon
Languange : en
Publisher by :
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The Face Of Mercy In Islamic Law

Author by : Abu Zayd
Languange : en
Publisher by : IslamKotob
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Description : This book provided by Islamkotob.com as public domain book to share Islamic knowledge.If you have benefited from the book please donate to the publisher using Bitcoin 1KabbwfAuLBCRYD8xGQkEvUkXCbpzBgvdR If you have any comments on published book contact info [at] islamkotob.com


Punishment In Islamic Law

Author by : Muḥammad Salīm ʻAwwā
Languange : en
Publisher by : Amer Trust Publications
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The Codification Of Islamic Criminal Law In The Sudan

Author by : Olaf Köndgen
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 34
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Description : This book fills an important gap in the available literature on the more recent developments of the Sudanese legal system, with a special focus on Islamic Criminal Law on the one hand and its administration by the Sudanese Supreme Court on the other.


Punishment Of Apostasy In Islam

Author by :
Languange : en
Publisher by : The Other Press
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Apostasy In Islam

Author by : Taha Jabir Alalwani
Languange : en
Publisher by : International Institute of Islamic Thought (IIIT)
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Description : It is an established fact that the Prophet never, in his entire life, put an apostate to death. Yet, the issue remains one of the most controversial to have afflicted the Muslim world down the centuries. It is also the source of much damaging media coverage today as Islamic jurisprudence stands accused of a flagrant disregard for human rights and freedom of expression. The subject of this book is a highly sensitive and important one. The author rightly concentrates on evidence, to examine the historical origins of the debate in rigorous detail, as well as the many moral and contextual issues surrounding it. Disputing arguments put forward by proponents of the death penalty he contends that both the Qur’an and the Sunnah promote freedom of belief including the act of exiting the Faith and do not support capital punishment for the sin of al-riddah. Note that attention is on the word sin, for there is qualification: as long as one’s apostasy has not been accompanied by anything else that would be deemed a criminal act, particularly in terms of national security, then according to the author, it remains a matter strictly between God and the individual. Of interest is the fact that the Qur’an significantly refers to individuals repeatedly returning to unbelief after having believed, but does not mention that they should be killed or punished. This work has been written at a time of great complexity and vulnerability when a true understanding of the higher intents and values of the Qur’an and the Sunnah, maqasid al-shariah, is sorely needed. The author employs a strong evidence-based approach examining in detail the Qur’an and authentic Hadith, taking into consideration traditional approaches to the study of the Islamic textual sciences and other fields of knowledge, as well as analyzing scholastic interpretation. Taking the life of a person without just cause is according to the Qur’an equivalent to the killing of the whole of mankind. It is vital therefore, that in the interests of compassion and justice, as well as freedom of belief, this subject is clearly addressed once and for all.


Crime Punishments In Pakistan

Author by : Waqas Ajwad
Languange : en
Publisher by :
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Description : Whenever you are Visiting a Country, you should know about Laws of that Country. The local laws apply to you as a visitor and it is your responsibility to follow them.As a visitor to a foreign country, you should always respect the local laws and customs of the country you are visiting. Know about Laws so you can avoid getting into trouble, either with the law or by offending the locals.Be sensitive to local customs, traditions and practices as your behaviour may be seen as improper, hostile or even illegal.The Pakistan Penal Code is Law of Pakistan that contains 27 different offenses punishable by death, including blasphemy, rape, sexual intercourse outside of marriage, assault on the modesty of women, and smuggling of drugs. This Code draws its origin from the Indian Penal Code, after several amendments from different governments in Pakistan, the Code is now a mixture of Islamic and English law. This Code provides explanations, definition, and punishment for all type of offenses. Section 302 of the Code governs the punishment for murder.Section 376 states that if and when the act of rape is committed by two or more individuals with common intention like gang rapes the criminals should meet the fate of death or life imprisonment.Although in many countries insults or defamation of any religion such as Islam is not a crime, in Pakistan this is one of the biggest crimes one can commit. Blasphemy is deemed a crime not only under the Code but also under Islamic law.The Code address the penalty and offenses relating to religion under section 295B and C. Subsection B punishes any defamation made against the Holy Qur'an with life imprisonment. Whereas, punishment under subsection C is for any written or spoken words direct or indirect made to defile the 'sacred name of Prophet Muhammad' will be punished by death or life imprisonment.


Off The Straight Path

Author by : Elyse Semerdjian
Languange : en
Publisher by : Syracuse University Press
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Description : The legal treatment of sexual behavior is a subject that receives little scholarly attention in the field of Middle East women’s studies. Important questions about the relationship between sexuality and the law and about the societies enforcing that relationship are rarely addressed in the current literature. Elyse Semerdjian’s “Off the Straight Path” takes a bold step toward filling that gap by offering a fascinating look at the historical progression of the treatment of illicit sex under Islamic law. Semerdjian provides a comprehensive review of the concept of zina, i.e., sexual indiscretion, by exploring the diverse interpretation of zina crime as presented in a variety of sources from the Qur’an and hadith to legal literature. She then delves into the history of legal responses to zina within the specific community of Aleppo, Syria. Drawing on a wealth of shari‘a court records, Semerdjian provides a realistic view of Syrian society during the Ottoman period. With vivid detail, she describes specific women’s lives and experiences as their cases are presented before the court. Semerdjian argues that the actual treatment of zina crimes in the courts differs substantially from sentences prescribed by codified Islamic jurisprudence. In contrast to the violent corporal punishments dictated in the Islamic legal code, the courts often punished crimes of sexual indiscretion with nonviolent sentences, such as removal from the community. Employing exceptional insight, “Off the Straight Path” presents a powerful challenge to the traditional view of Islamic law, enabling a richer understanding of Islamic society.


Punishment In Islamic Law

Author by : Mohammad Hashim Kamali
Languange : ar
Publisher by :
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Human Rights In Islam And The Un Universal Declaration Of Human Rights

Author by : Mukhtar Farid
Languange : en
Publisher by :
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Description : There are lots of misconception about Muslims, Islamic laws, and applying the laws to the society. When the critics look at some of the Islamic countries, they point out the cruel way of treating and subjecting the people to apply Islamic laws, and consider it barbaric. Capital punishments are criticized and this concept paint whole picture about Islam and Muslim as heinous and nomadic, without mercy. The book is written comparing UN Human Rights and what laws Quran has given fourteen hundred years ago. Comparing the laws framed by The Universal Declaration of Human Rights that was adopted on December 10, 1948 by the General Assembly of the United Nations and exactly same human rights given in Quran. The attempt of this analysis is to show how each of the fundamental human rights guaranteed in this declaration are already found in the Holy Quran. We will discuss one by UN Human Rights Articles of Human rights, and compare it with Quran's order. The Quran was revealed to Prophet Mohammad a unlettered man, born in Arabia, (Present Saudi Arabia) in the city of Makkah, in the year 571 AD. The main aim is to remove misconceptions from minds of people who do not understand or know the book revealed long ago. The punishment in Islamic law is to create fear among criminals so that laws will have upper hand. As per study of law and order situation in my home country, there are so many loop holes in the system of implementing punishment that it takes ten to fifteen years before culprits are punished. This gives a room for the criminals to keep on doing crimes, as they do not fear the laws.


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.