An Introduction to Islamic Law

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Author: Wael B. Hallaq

Publisher: Cambridge University Press

ISBN: 1139489305

Category: Law

Page: N.A

View: 8655

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

An introduction to Islamic law

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Author: Joseph Schacht

Publisher: Oxford University Press

ISBN: N.A

Category: Religion

Page: 304

View: 1707

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.

Scharia für Nicht-muslime (Preview)

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Author: Dr. Bill Warner

Publisher: CSPI International

ISBN: N.A

Category: Law

Page: 82

View: 500

Islam ist sowohl Religion, als auch ein politisches System mit seinen eigenen Gesetzen genannt Scharia. Die Scharia basiert auf Prinzipien, die sich von unserem Rechtsverständnis fundamental unterscheiden. Was bedeutet die Sharia für Nicht-Muslime? Wie beeinflusst die Sharia unsere Gesellschaft und den Einzelnen? Was sind die langfristigen Effekte der Bewilligung von auf Scharia basierenden Forderungen?

Introduction to Islamic Law

Principles of Civil, Criminal, and International Law under the Shari‘a

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Author: Jonathan G. Burns

Publisher: TellerBooks

ISBN: 0984518266

Category: Law

Page: 162

View: 5653

“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.

An Introduction to Islamic Jurisprudence

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Author: Daniel (Ghasem) Akbari

Publisher: AuthorHouse

ISBN: 1524669105

Category: Education

Page: 104

View: 7058

What is Sharia? What does Islam teach? To what extent do ordinary Muslims know about and understand Islamic rules? How can one learn sharia in a simple, accurate way? How do Muslim scholars derive Sharia rules? The objective of the present book is to be a study course for law students who want to learn how to perform Islamic legal reasoning. The goal is to simplify the material to the point where students who are not professional Islamic scholars can, nevertheless, discuss and analyze sharia.

The Economy of Certainty

An Introduction to the Typology of Islamic Legal Theory

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Author: Aron Zysow

Publisher: ISD LLC

ISBN: 1937040275

Category: Religion

Page: 360

View: 8844

Aron Zysow's 1984 Ph.D. dissertation, "The Economy of Certainty," remains the most important, compelling, and intellectually ambitious treatment of Islamic legal theory (usul al-fiqh) in Western scholarship to date. It continues to be widely read and cited, and remains unsurpassed in its incisive analysis of the most fundamental assumptions of Islamic legal thought. Zysow argues that the great dividing line in Islamic legal thought is between those legal theories that require certainty in every detail of the law and those that will admit probability. The latter were historically dominant and include the leading legal schools that have survived to our own day. Zahirism and, for much of its history, Twelver Shi'ism, are examples of the former. The well-known dispute regarding the legitimacy of juridical analogy is only one feature of this fundamental epistemological division, since probability can enter the law in the process of authenticating prophetic traditions and in the interpretation of the revealed texts, as well as through analogy. The notion of consensus in Islamic legal theory functioned to reintroduce some measure of certainty into the law by identifying one of the competing probable solutions as correct. Consequently consensus has only a reduced role, if any, in those systems that reject probability. Another, more radical, means of regaining certainty was the doctrine that regarded the legal reasoning of all qualified jurists on matters of probability as infallible. The development of legal theories of both types, that of Zahirism no less than that of Hanafism, was to a large extent shaped by theology and, most significantly, by Mu'tazilism, and subsequently by Ash'arism and Maturidism. Zysow's important work is published here in full, for the first time, with updated references and some further reflections by the author.

An Introduction to Islamic Finance

Theory and Practice

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Author: Zamir Iqbal,Abbas Mirakhor

Publisher: John Wiley & Sons

ISBN: 0470828110

Category: Business & Economics

Page: 256

View: 9321

The first book to offer comprehensive coverage of Islamic finance and banking and its applications to the rest of the world, now fully revised and updated The ongoing international financial crisis has reignited debate over the development of a risk-sharing financial system, such as that required in Shariah Law. An Introduction to Islamic Finance: Theory and Practice, Second Edition highlights the core principles of risk sharing in Islam, arguing that a risk-sharing financial system is exactly what we need to promote greater financial stability. Providing comprehensive coverage of the fundamental theory behind Islamic finance and banking, according to the core concepts of Shariah law, authors Zamir Iqbal and Abbas Mirakhor clearly explain the distinct features of an Islamic financial system and how it compares with traditional financial models. Addressing the myriad important developments that have taken place in recent years, this second edition looks to the future, addressing emerging issues sure to influence future developments in Islamic finance. Explores the unique features of an Islamic financial system, how they compare to more traditional financial systems, and how they could improve them Discusses all the most recent developments and emerging issues in Islamic finance Updated with the latest developments, trends, innovations, and statistics, this new edition features additional chapters on the financial crisis, globalization, non-bank financial institutions, and recent developments in Takaful (Islamic insurance) The first edition of An Introduction to Islamic Finance established the book as the market leader, and this newly revised and updated second edition incorporates the most recent developments in this booming financial sector, including financial stability, globalization, and non-banking financial institutions.

Introduction to Islamic Law

Islamic Law in Theory and Practice

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Author: Ahmed Akgunduz

Publisher: IUR Press

ISBN: 9080719269

Category: Religion

Page: 406

View: 4186

“The world today has become one large village. Muslims and non-Muslims live side by side and have to learn about one another, share commonalities and respect differences. At this time more than one and a half billion Muslims live in this village. Some of them are pious Muslims, trying to live in accordance with Islamic rules, whereas others do not while believing that these rules come from God (the Qur’an), from interpretations of His Messenger (the Sunnah) or the consensus of Muslim jurists (ijmâ‘), and are at least rules derived via analogy (qiyâs) from the main sources of Islam. Most Muslims think along these lines and agree with the above. The reader should remember that Muslim individuals should live according to Islamic rules in private, but no individual is responsible for implementing Islamic law. In any event, the need to learn the facts about Islamic law is necessary for Muslims as well as for non-Muslims if they live in the same society with Muslims, at least in the sense of general information. In any event, the need to learn the facts about Islamic law is necessary for Muslims as well as for non-Muslims if they live in the same society with Muslims, at least in the sense of general information. We should keep in mind here that only sovereign Muslim states/governments have the legal authority to implement Islamic law. An individual Muslim has no legal authority or power to implement Islamic law. The law of Islam certainly does not say that every Muslim is obliged to implement Islamic law. It matters not how efficient and popular that individual may be as a brave warrior or a meticulous planner of unlawful and immoral schemes of hatred, terror and destruction. Only people who are properly qualified and trained, and hold a license from Muslim governmental authorities, have the authority to issue fatwâs. Not every Muslim individual qualifies as a Muftî (a jurist-consult or scholar of law who has been given a license to issue fatwâs.). For this reason Bediuzzaman says: “And we know that the fundamental aims of the Qur’an and its essential elements are fourfold: divine unity (al-tawhîd), prophethood (al-nubuwwah), the resurrection of the dead (al-hashr), and justice (al-ʿadalah). Al-Adâlah means law. He adds in another treatise: “Let our ulul-amr (satesmen and political authorities) think over implementing these rules”. This book is divided into eight chapters. Chapter I.Because of the many misunderstandings that arise, some terms related to Islamic Law, such as Sharî‛ah, fiqh, qânûn, ‘urf, Islamic Law, and Muhammadan Law are explained. Chapter II.Here, in this chapter dedicated to references on Islamic Law, the real added value of this book is found. Chapter III. This chapter looks at four periods of Islamic Law: the period of the Prophet Muhammad, the period of the Companions, the period of the Tabi‘în, and an introduction to the period of Mujtahidîn. Chapter IV. We will provide detailed information here on the different law schools and theological divisions. Chapter V. This chapter will be devoted to a period of Islamic law that has been neglected in both old and new books and articles, i.e. the period of Islamic Law after the Turks converted to Islam (960-1926). Chapter VI. This chapter will focus also on three main subjects: Anglo-Muhammadan law (Indo-Muslim law), Syariah or Islamic Law in Southeast Asia, and Islamic Law in contemporary Muslim states like Egypt, Pakistan, Morocco, Indonesia and Jordan. Chapter VII. We will explain the system and methodology of Islamic Law in this chapter. Chapter VIII. We will give some brief information here on the implementation of Islamic Law, its future; some encyclopedical works on Islamic law, and new institutions of Islamic fiqh.”

Human Rights and Islam

An Introduction to Key Debates between Islamic Law and International Human Rights Law

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Author: Abdullah Saeed

Publisher: Edward Elgar Publishing

ISBN: 1784716588

Category: Law

Page: 288

View: 2444

Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.

Introduction to Islamic Law

Islamic Law in Theory and Practice

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Author: Ahmet Akgündüz

Publisher: IUR Press

ISBN: 9080719269

Category: Religion

Page: 406

View: 5074

Chapter I. Because of the many misunderstandings that arise, some terms related to Islamic Law, such as Sharî‛ah, fiqh, qânûn, 'urf, Islamic Law, and Muhammadan Law are explained. Chapter II. Here, in this chapter dedicated to references on Islamic Law, the real added value of this book is found. Chapter III. This chapter looks at four periods of Islamic Law: the period of the Prophet Muhammad, the period of the Companions, the period of the Tabi'în, and an introduction to the period of Mujtahidîn. Chapter IV. We will provide detailed information here on the different law schools and theological divisions. Chapter V. This chapter will be devoted to a period of Islamic law that has been neglected in both old and new books and articles, i.e. the period of Islamic Law after the Turks converted to Islam (960-1926). Chapter VI. This chapter will focus also on three main subjects: Anglo-Muhammadan law (Indo-Muslim law), Syariah or Islamic Law in Southeast Asia, and Islamic Law in contemporary Muslim states like Egypt, Pakistan, Morocco, Indonesia and Jordan. Chapter VII. We will explain the system and methodology of Islamic Law in this chapter. Chapter VIII. We will give some brief information here on the implementation of Islamic Law, its future; some encyclopedical works on Islamic law, and new institutions of Islamic fiqh."

Introduction to Islamic Theology and Law

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Author: Ijnās Jūldtsīhar,Ignác Goldziher,Andras Hamori

Publisher: Princeton University Press

ISBN: 9780691100999

Category: Religion

Page: 302

View: 4516

Translation of six lectures on the following aspects of Muslim religion and culture: Mohammed and the Qur'an; the holy law of Islam; the principles of Muslim theology; asceticism and Sufism; Islamic sects; and developments in modern times.

An Introduction to Islam for Jews

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Author: Reuven Firestone

Publisher: Jewish Publication Society

ISBN: 0827610491

Category: Religion

Page: 315

View: 7245

Helping Jews understand Islam--a reasoned and candid view

An Introduction to Islam

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Author: David Waines

Publisher: Cambridge University Press

ISBN: 9780521539067

Category: History

Page: 367

View: 819

A revised and updated edition of Waines' wide-ranging account of the history and theology of Islam.

An Introduction to Al-Islam and Islamic Law

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Author: Muhamad Mugraby

Publisher: N.A

ISBN: 9780615696782

Category:

Page: 262

View: 7191

Al-Islam, by linguistic definition, is the state of being at peace and security. It is a house of peace. Al-Sharia is part and parcel of Al-Islam. It is Islamic law. It occupies a central role in the Islamic system, a role designed to insure and protect peace and security for all. Lack of adequate public as well as academic knowledge of and about Al-Sharia is prevalent and is underscored by the inability of thousands of authors in various languages to come to grips with its nature. Most of them define Al-Sharia as religious law. They do so because they interpret Al-Islam as a religion just like Christianity and try to apply to it principles and doctrines that various Christian churches have come either to accept or to reject. A case in point is the doctrine of separation of church and state which, when applied to Al-Islam, serves to de-legitimize Al-Sharia. Hence any call for reinstating Al-Sharia is adamantly rejected as an affront to secularism and modernity. The author, a jurist educated in Western universities, a Doctor of the Science of Law from Columbia University, a former law lecturer, and a well-known human rights defender, demonstrates that Al-Islam is not a mere religion in the Christian sense, but religion and religious worship and belief are parts of it. Al-Islam is a universal system that cannot be separated from Al-Sharia for Al-Sharia embodies and upholds a number of general principles of law and aims to insure peace and protect all inalienable individual rights cherished by Al-Islam. He compares those rights with rights upheld under the Universal Declaration of Human Rights, the American Declaration of Independence and the French Declaration of the Rights of man and the Citizen. In the process, the author demonstrates how Al-Sharia embodies and upholds a rule of law that ranks above kings and all other sovereigns. He argues that the full application of Al-Sharia, which recognizes the bounds, or hudood, of Allah, does not require the rise of one Islamic State to do the job nor will it prevent Islamic states from co-existing in peace and cooperation with each other as well as with non-Islamic states that are willing and agreeable to joining a peace for all humans without discrimination. The conclusion is inevitable that Al-Islam cannot be itself without Al-Sharia and, therefore, denial of Al-Sharia is, in truth, denial of Al-Islam.

An Introduction to Islam

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Author: Frederick Mathewson Denny

Publisher: Prentice Hall

ISBN: 9780131835634

Category: Religion

Page: 418

View: 2959

The author's extensive field work, experience, and scholarship combined with his engaging writing style and passion for the subject sets this text apart. An Introduction to Islam, Third Edition, provides students with a thorough and unified topical introduction to the global religious community of Islam. It places Islam within a cultural, political, social, and religious context and examines its connections with Judeo-Christian morals. The text's integration of the doctrinal and devotional elements of Islam enables students to see how Muslims think and live—engendering understanding and breaking down stereotypes.An Introduction to Islam, Third Editionalso reviews pre-Islamic history so students can see how Islam developed historically.

Gerichtspraxis Im Stadtstaat Córdoba

Zum Recht Der Gesellschaft in Einer Mālikitisch-islamischen Rechtstradition Des 5./11. Jahrhunderts

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Author: Christian Müller

Publisher: BRILL

ISBN: 9789004113541

Category: Religion

Page: 468

View: 5839

This study focuses on judicial practice in the Andalusian metropolis of Cordoba during the years 456/1064 to 464/1072. The author analyses the writings of councils of the judiciary, who commented, often controversially, on cases heard by courts pertaining to different judiciary systems. These texts offer new insights into the organization of the city's judiciary and its social and economic life. They allow for a precise definition of the relation between the qadi and governmental jurisdiction. By examining both realms, the author demonstrates -for the first time in a pre-Ottoman context- that "fiqh," the Islamic system of ethical and juridical norms, was held, by all forms of the judiciary of this Muslim capital, to constitute a fundamental component of the legal system. The author develops a new interpretation of the reciprocity between society and law.