modern challenges to islamic law law in context

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Modern Challenges To Islamic Law

Author : Shaheen Sardar Ali
ISBN : 9781316727775
Genre : Law
File Size : 75. 69 MB
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The diversity of interpretation within Islamic legal traditions can be challenging for those working within this field of study. Using a distinctly contextual approach, this book addresses such challenges by combining theoretical perspectives on Islamic law with insight into how local understandings impact on the application of law in Muslim daily life. Engaging with topics as diverse as Islamic constitutionalism, Islamic finance, human rights and internet fatawa, Shaheen Sardar Ali provides an invaluable resource for scholars, students and practitioners alike by exploring exactly what constitutes Islamic law in the contemporary world. Useful examples, case studies, a glossary of terms and the author's personal reflections accompany traditional academic critique, and together offer the reader a unique and discerning discussion of Islamic law in practice.

Islamic Law And The Challenges Of Modernity

Author : Yvonne Yazbeck Haddad
ISBN : 0759106711
Genre : Law
File Size : 67. 85 MB
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From different geographical and ideological points across the contemporary Arab world, this book demonstrates the range of views on just what Islam's legal heritage in the region should be.

The Rule Of Law Freedom Of Expression And Islamic Law

Author : Hossein Esmaeili
ISBN : 9781782257509
Genre : Law
File Size : 36. 17 MB
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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 And Finance

Author : Frank E. Vogel
ISBN : 9041105476
Genre : Business & Economics
File Size : 46. 11 MB
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Mirroring the expansion of wealth in the Middle East and Asia and a surge in Islamic self-identity, Islamic banking practices have either become the law of the land or coexist and compete with Western practices in at least six countries. A growing number of institutions and mutual funds (akin to Western ''socially responsible'' funds) have established Islamic investment and other practices to cater to this burgeoning market. Because of its prevalence, practitioners in every banking-related area must familiarize themselves with current Islamic finance practices in order to do business with Muslim clients and to engage in cross-border financing. Injunctions from the "Qur'an and the sayings of Prophet Muhammed have generated a web of interrelated norms which prohibit Islamic financiers from engaging in transactions that involve interest "(riba) and speculation "(gharar). "Islamic Law and Finance describes the dynamic set of Islamically-sanctioned ways financiers can transacat business.

Shari A

Author : Abbas Amanat
ISBN : 0804756392
Genre : Religion
File Size : 90. 71 MB
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A survey and analysis of what Shari’a, or Islamic law, means for Muslims today.

The Sacred Law Of Islam

Author : Hamid R Kusha
ISBN : 9781351882323
Genre :
File Size : 59. 38 MB
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Islam's Sacred Law is one of the most complex, detailed and comprehensive legal theories that Islam, as a Western religion, has produced in its capacity as a doctrine of social justice. However, few available texts have dealt with the treatment of women under the actual system of justice that adheres to Islam's Sacred Law. This book fills this void by providing a much needed comprehensive study of the application of the Sacred Law to women under the Islamic Republic of Iran's justice system. It will be a fascinating guide to all those interested in comparative law, criminal justice and the sociology of law.

The Ashgate Research Companion To Islamic Law

Author : Peri Bearman
ISBN : 9781317043065
Genre : Religion
File Size : 88. 61 MB
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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.

Wahh B Islam Facing The Challenges Of Modernity

Author : Muhammad Al-Atawneh
ISBN : 9789004185708
Genre : Law
File Size : 31. 12 MB
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This book examines Dār al-Iftā, the official Saudi religious establishment for issuing fatwas, between 1971 and 1999. Specifically, it explores the challenges that this scholarly body encountered when applying Wahhābī interpretations of the Shari'a to late twentieth-century modernity.

English Legal System In Context

Author : Fiona Cownie
ISBN : 0199289883
Genre : Law
File Size : 90. 11 MB
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English Legal System in Context provides a critical overview of the legal system. It establishes a sound theoretical framework within which to analyse the system and its various intricacies, encouraging students to develop a critical approach to the study of this important topic. The authors provide an insightful contextual analysis of the system and its main protagonists: as well as the traditional core areas of the English legal system such as the courts, case law, legal professionals, and the civil and criminal proceedings, the text discusses the police and their powers,the role of the CPS, private policing, the work of non-police agencies. This edition also contains a new chapter on alternative dispute resolution, designed to broaden the reader's appreciation of this central issue, plus new material on the role of law schools and law students. With a clear, logical structure, and a wealth of references to take the reader further into the subject, this is a perceptive and wide-ranging study that explains and illuminates this fascinating topic.

Sharia Compliant

Author : Rumee Ahmed
ISBN : 9781503605718
Genre : Religion
File Size : 44. 94 MB
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For over a thousand years, Muslim scholars worked to ensure that Islamic law was always fresh and vibrant, that it responded to the needs of an evolving Muslim community and served as a moral and spiritual compass. They did this by "hacking" Islamic law in accordance with changing times and contexts, diving into the interconnected Islamic legal tradition to recalibrate what was outdated, making some laws work better and more efficiently while leaving others undisturbed. These hacking skills made Islamic law both flexible and relevant so that it could meet the needs of a community with changing values while remaining true to its ancient roots. Today, the hacking process has stalled in the face of unprecedented structural challenges, and Islamic law has stagnated. This book is designed to revitalize the hacking tradition by getting readers involved in the process. It walks them through the ins and outs of Islamic legal change, vividly describing how Muslim scholars have met new and evolving challenges on topics as diverse as abolition, democracy, finance, gender, human rights, sexuality, and more. And it provides step-by-step instructions for readers to hack laws for themselves, so that through their engagement and creativity, they can help Islamic law regain its intrinsic vitality and resume its role as a forward-looking source for good in the world.

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