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.
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.
The demand for a book like Understanding Islamic Law among law students and legal practitioners in America and throughout the English-speaking world is large and growing. Islamic Law is not merely a "hot topic". It is a growing trend that is an increasingly mainstream fixture in the legal landscape. There is nothing currently on the market for Law Schools, like Understanding Islamic Law, that is a comprehensive text, in English, by a non-Muslim law professor. The first 11 chapters of Understanding Islamic Law give the essential foundational materials for the study of Islamic Law. The remaining chapters cover several other pertinent fields: banking and finance, contracts, criminal law, family law, and property. Understanding Islamic Law also: • Includes Arabic terms, in English, with diacritical marks to assist in pronunciation; • Provides A Glossary of Arabic Terms; and • Incorporates recent developments such as the burkha ban in France. Understanding Islamic Law (Sharia) is a thorough and balanced text that can be used without supplementation in a one-semester Islamic Law course.
An Introduction to Comparative Lawfirst appeared in two volumes in 1987. Volume I discussed the nature of comparative law and then concentrated on a survey of the main features of the major groupings of the world's legal systems. Volume II focused on contract, tort, and unjust enrichment as major departments of private law. Now published for the first time in paperback, the two volumes have been combined into one to provide a comprehensive guide to the relationship between the world's legal systems.
Religion by E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen
Author: E. Ann Black,Hossein Esmaeili,Nadirsyah Hosen
Publisher: Edward Elgar Publishing
'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.
The second edition of this student-friendly textbook explores the origins, major features and lasting influence of the Islamic tradition. Traces the development of Muslim beliefs and practices against the background of social and cultural contexts extending from North Africa to South and Southeast Asia Fully revised for the second edition, with completely new opening and closing chapters considering key issues facing Islam in the 21st century Focuses greater attention on everyday practices, the role of women in Muslim societies, and offers additional material on Islam in America Includes detailed chronologies, tables summarizing key information, useful maps and diagrams, and many more illustrations
Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.
Long before the devastation of September 11, 2001, the war on terror raged. The problem was that only one side, radical Islam, was fighting it as a war. For the United States, the frontline was the courtroom. So while a diffident American government prosecuted a relative handful of “defendants,” committed militants waged a campaign of jihad—holy war—boldly targeting America’s greatest city, and American society itself, for annihilation. The jihad continues to this day. But now, fifteen years after radical Islam first declared war by detonating a complex chemical bomb in the heart of the global financial system, former federal prosecutor Andrew C. McCarthy provides a unique insider’s perspective on America’s first response. McCarthy led the historic prosecution against the jihad organization that carried out the World Trade Center attack: the “battalions of Islam” inspired by Omar Abdel Rahman,the notorious “Blind Sheikh.” In Willful Blindness, he unfolds the troubled history of modern American counterterrorism. It is a portrait of stark contrast: a zealous international network of warriors dead certain, despite long odds, that history and Allah are on their side, pitted against the world’s lone superpower, unsure of what it knows, of what it fights, and of whether it has the will to win. It is the story of a nation and its government consciously avoiding Islam’s animating role in Islamic terror. From the start, it led top U.S. law enforcement and intelligence agencies to underestimate, ignore, and even abet zealots determined to massacre Americans. Even today, after thousands of innocent lives have been lost, the United States averts its eyes from this harsh reality.
Providing a comprehensive and accessible examination of Shari'ah Law, this well considered introduction examines the sources, characteristic features and various schools of thought of a system often stereotyped for its severity in the West. Complete with a bibliography, glossary, and extensive index of Arabic quotations, this wide-ranging resource will prove an indispensable resource for Islamic students, and an informative guide to a complex topic for the general reader.
This book offers a new methodological and theoretical approach to the highly sensitive and complicated issue of violence against women in contemporary Iran. Challenging the widespread notion that secularisation and modernisation are the keys to emancipating women, the author instead posits that domestic violence is deeply rooted in society and situated in the fundament of current discourses. Investigating how orthodox jurisprudence as mainstream discourse, together with social, legal and public norms, help to perpetuate the production and reproduction of physical, psychological, sexual and economical violence against women, the author presents and reflects upon narratives, experiences and the social realities accounting for domestic violence against women. Drawing on qualitative empirical research, she theorises that the notion of secularization and modernisation helping to overcome such violence is to some extent represented by Islamic feminism, secular feminism, and religious intellectualism, all of which are methodologically examined in the analysis. Challenging conventional wisdom regarding women’s place in Iran and in wider Islamic society, this book offers a new insight into violence against Muslim women and as such will be an important addition to the existing literature in the areas of gender studies, Middle Eastern and Islamic studies, and Iranian studies.
What an Ancient Form of Social Organization Reveals About the Future of Individual Freedom
Author: Mark S. Weiner
Publisher: Farrar, Straus and Giroux
Category: Political Science
A revealing look at the role kin-based societies have played throughout history and around the world A lively, wide-ranging meditation on human development that offers surprising lessons for the future of modern individualism, The Rule of the Clan examines the constitutional principles and cultural institutions of kin-based societies, from medieval Iceland to modern Pakistan. Mark S. Weiner, an expert in constitutional law and legal history, shows us that true individual freedom depends on the existence of a robust state dedicated to the public interest. In the absence of a healthy state, he explains, humans naturally tend to create legal structures centered not on individuals but rather on extended family groups. The modern liberal state makes individualism possible by keeping this powerful drive in check—and we ignore the continuing threat to liberal values and institutions at our peril. At the same time, for modern individualism to survive, liberals must also acknowledge the profound social and psychological benefits the rule of the clan provides and recognize the loss humanity sustains in its transition to modernity. Masterfully argued and filled with rich historical detail, Weiner's investigation speaks both to modern liberal societies and to developing nations riven by "clannism," including Muslim societies in the wake of the Arab Spring.
Inside and Outside the Law analyses the relationship between the law, the state and its citizens. Drawing on general theories and specific case-studies, it examines the diverse ways in which people in different cultural and historical settings have experienced the ambiguities of law. Its theme develops to engage with current debates concerning the status of rules and codification in social life and to the revival of interest in moralities. With chapters that encompass countries such as Peru, Mozambique, Spain, Iran, the US and Britain this book has a strong global perspective.
The Life and Legacy of a Radical Islamic Intellectual
Author: James Toth
Publisher: Oxford University Press
Sayyid Qutb is widely considered the guiding intellectual of radical Islam, with a direct line connecting him to Osama bin Laden. But Qutb has too often been treated maliciously or reductively-"the Philosopher of Islamic Terror," as Paul Berman famously put it in the New York Times Magazine. James Toth offers an even-handed account of Sayyid Qutb and shows him to be a much more complex figure than the many one-dimensional portraits would have us believe. Qutb first gained notice as a novelist, literary critic, and poet but then turned to religious and political criticism aimed at the Egyptian government and Muslims he deemed insufficiently pious. After a two-year sojourn in the U.S., he returned to Egypt even more radicalized and joined the Muslim Brotherhood, eventually taking charge of its propaganda operation. When Brotherhood members were accused of assassinating Egyptian President Gamal Abdel Nasser, the group was outlawed and Qutb imprisoned. He was executed in 1966, becoming the first martyr to the Islamist cause. Using an analytical approach that investigates without passing judgment, Toth traces the life and thought of Qutb, giving attention not only to his well-known Signposts on the Road, but also to his less-studied works like Social Justice in Islam and his 30-volume Qur'anic commentary, In the Shade of the Qur'an. Toth's aim is to give Qutb's ideas a fair hearing, to measure their impact, and to treat him like other intellectuals who inspire revolutions, however unpopular they may be. In offering a more nuanced account of Qutb, one that moves beyond the cartoonish depictions of him as the evil genius lurking behind today's terrorists, Sayyid Qutb deepens our understanding of a central figure of radical Islam and, indeed, our understanding of radical Islam itself.
Shedding light on the way the Islamic finance industry conceptualises the role of financial instruments in a market risk management framework that adheres to the objectives of Islamic jurisprudence, Sherif Ayoub explains the issues surrounding the avoidan
Based on careful study of the substantial and largely unpublished manuscript legacy left by the Halveti mystical order, one of the most influential Sufi orders in the Ottoman Empire, this is a history of the rise and spread of its Sa'baniyye branch betwee
The Development of the Concepts of ?Urf and ??dah in the Islamic Legal Tradition
Author: Ayman Shabana
This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.