The Spirit of Islamic Law

The Spirit of Islamic Law
Author: Bernard G. Weiss
Publisher: University of Georgia Press
Total Pages: 233
Release: 2006
Genre: Law
ISBN: 0820328278

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

The Politics of Islamic Law

The Politics of Islamic Law
Author: Iza R. Hussin
Publisher: University of Chicago Press
Total Pages: 360
Release: 2016-03-31
Genre: Law
ISBN: 022632348X

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In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

History of Islamic Law

History of Islamic Law
Author: Noel Coulson
Publisher: Edinburgh University Press
Total Pages: 280
Release: 2014-03-11
Genre: Law
ISBN: 0748696490

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

Everyday Islamic Law and the Making of Modern South Asia

Everyday Islamic Law and the Making of Modern South Asia
Author: Elizabeth Lhost
Publisher: UNC Press Books
Total Pages: 377
Release: 2022-05-10
Genre: History
ISBN: 1469668130

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Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.

Shari’a

Shari’a
Author: Abbas Amanat
Publisher: Stanford University Press
Total Pages: 265
Release: 2007-09-17
Genre: Religion
ISBN: 0804779538

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This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.

Islamic Law and Civil Code

Islamic Law and Civil Code
Author: Richard A. Debs
Publisher: Columbia University Press
Total Pages: 215
Release: 2010-07-28
Genre: History
ISBN: 0231520999

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Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.

Islamic Law

Islamic Law
Author: Hunt Janin
Publisher: McFarland
Total Pages: 216
Release: 2007-03-08
Genre: Religion
ISBN: 0786429216

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The sharia is a set of traditional laws that define a Muslim's obligations to God and his fellow human beings. Westerners often misunderstand the nature of the sharia, born as it is of a complicated legal and academic tradition that may not always seem relevant to today's world. Written for those unfamiliar with Islam, this volume provides an accurate and objective assessment of the sharia's achievements, shortcomings and future prospects. It explores the fundamentals of Islam and traditional sharia laws. In addition, the sharia is discussed with respect to Ottoman law, puritanism and jihad. The sharia's relevance to today's world events is also explored. Among items provided in appendices are a commentary on a Western translation of the concept of jihad and an analysis of the sharia in 29 selected countries.

Islamic Law and the State

Islamic Law and the State
Author: Sherman A. Jackson
Publisher: BRILL
Total Pages: 302
Release: 1996-01-01
Genre: Business & Economics
ISBN: 9789004104587

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A discussion of the constitutional jurisprudence of an important Egyptian jurist of the M lik school, Shih b al-D n al-Qar f .

The Beginnings of Islamic Law

The Beginnings of Islamic Law
Author: Lena Salaymeh
Publisher: Cambridge University Press
Total Pages: 257
Release: 2016-11-14
Genre: History
ISBN: 1107133025

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This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

Understanding Islamic Law

Understanding Islamic Law
Author: Raj Bhala
Publisher: Carolina Academic Press LLC
Total Pages: 0
Release: 2022-11-30
Genre: Law
ISBN: 9781531014285

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This critically-acclaimed treatise provides both newcomers and experts with clear, accessible, and comprehensive materials and critical comparative analyses for the study of Islamic Law. It embraces the entire history, religion, and law of Islam, both Sunni and Shī'a, and covers all pertinent fields: banking and finance, constitutional law, contracts, criminal law, family law, inheritance, international law, and property. The book includes a user-friendly Glossary of Arabic terms, in English, with diacritical marks to assist in pronunciation. Balanced, logically organized, and well-written, the text can be used without supplementation in a one-semester Islamic Law course, and it has been used in law schools and graduate programs around the world and in programs for United States Special Operations Forces. Every chapter is thoroughly updated to incorporate recent developments and scholarship, with new chapters on the Constitution of Iran, the Taliban, and the Afghanistan War.