doubt in islamic law

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Doubt In Islamic Law

Author : Intisar A. Rabb
ISBN : 9781107080997
Genre : History
File Size : 20. 98 MB
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This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.

Doubt In Islamic Law

Author : Intisar A. Rabb
ISBN : 9781316195437
Genre : History
File Size : 37. 38 MB
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This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam's unique concept of doubt, which evolved from the seventh to the sixteenth century.

Legal Maxims In Islamic Criminal Law Theory And Applications

Author : Luqman Zakariyah
ISBN : 9789004304871
Genre : Law
File Size : 41. 49 MB
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Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally.

Justice And Leadership In Early Islamic Courts

Author : Intisar A. Rabb
ISBN : 0674984218
Genre : Islamic courts
File Size : 45. 1 MB
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Justice and Leadership in Early Islamic Courts explores the administration of justice during Islam's founding period, 632-1250 CE. Inspired by the scholarship of Roy Parviz Mottahedeh, ten scholars of Islamic law draw on diverse sources including historical chronicles, biographical dictionaries, exegetical works, and mirrors for princes.

Islamic Law In Action

Author : Kristen Stilt
ISBN : 9780191629822
Genre : Law
File Size : 87. 1 MB
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A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.

The Beginnings Of Islamic Law

Author : Lena Salaymeh
ISBN : 9781316825570
Genre : History
File Size : 70. 92 MB
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The Beginnings of Islamic Law is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, the book proposes that Islamic law is a continuous intermingling of innovation and tradition. Salaymeh challenges the embedded assumptions in conventional Islamic legal historiography by developing a critical approach to the study of both Islamic and Jewish legal history. Through case studies of the treatment of war prisoners, circumcision, and wife-initiated divorce, she examines how Muslim jurists incorporated and transformed 'Near Eastern' legal traditions. She also demonstrates how socio-political and historical situations shaped the everyday practice of law, legal education, and the organization of the legal profession in the late antique and medieval eras. Aimed at scholars and students interested in Islamic history, Islamic law, and the relationship between Jewish and Islamic legal traditions, this book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

The Islamic Law Of War

Author : A. Al-Dawoody
ISBN : 9780230118089
Genre : Religion
File Size : 35. 85 MB
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Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. He studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war.

The Formation Of The Sunni Schools Of Law

Author : Christopher Melchert
ISBN : 9004109528
Genre : Religion
File Size : 47. 6 MB
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Melchert traces the emergence of jurisprudence by h ad th, the personalization of the old regional schools in response, and finally the emergence of the classical, guild schools, with regular means of forming students, in the early tenth century.

Clear Your Doubts About Islam

Author :
ISBN : 9781471629433
Genre :
File Size : 87. 48 MB
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No one can deny that Islam is very much in the spotlight today. In spite of extremely negative portrayals by Western media (or perhaps because of them), increasing numbers of people are seeking to find out more about it. And more often than not, they are being pleasantly surprised by the fruits of their research. In fact, more people are embracing Islam today than they did prior to September 11, 2001.

Speaking In God S Name

Author : Khaled Abou El Fadl
ISBN : 9781780744681
Genre : Religion
File Size : 33. 46 MB
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This challenging new book reviews the ethics at the heart of the Islamic legal system, and suggests that these laws have been misinterpreted by certain sources in an attempt to control women.

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