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. In a progressive and graduated fashion, Mohammad Hashim Kamali discusses topics ranging from juristic disagreement to independent reasoning. Also broaching more advanced topics such as the principle of legality and the role and place of Shari’ah-oriented policy, Kamali controversially questions whether Islam is as much of a law-based religion as it has often been made out to be. Complete with a bibliography and glossary, and both a general index and an index of Arabic quotations, this wide-ranging exploration will prove an indispensable resource for Islamic students and scholars, and an informative guide to a complex topic for the general reader. Professor Dr Hashim Mohammad Kamali is the Dean of the International Institute of Islamic Thought and Civilisation (ISTAC) at the International Islamic University, Malaysia.
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?
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.
Business & Economics by Zamir Iqbal,Abbas Mirakhor
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.
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.
This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.
Das wichtigste Buch zur Islam-Debatte: Ayaan Hirsi Ali und ihr Plädoyer für eine Reformation des Islam Ihre eigene Biographie und intime Kenntnis der islamischen Gesellschaften und Kultur sowie ihre Forschungen machen Ayaan Hirsi Ali zu einer der wichtigsten Stimmen in der Debatte über den Islam. Ihr neues, von Optimismus getragenes Buch, an dem sie seit Jahren arbeitet, kommt im richtigen Moment: Es nimmt die Terroranschläge in Paris zum Ausgangspunkt, bietet fundierte Einordnung und Hintergründe, vor allem aber bezieht Hirsi Ali klar Stellung: gegen einen erstarrten Islam und dessen Tolerierung durch den Westen. Und für eine Reformation ihrer Religion durch die Muslime, die sie bereits auf dem Weg sieht.
Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law. Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law. Islamic Law and the Law of Armed Conflict will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south-east Asian studies.
In this text, Sayyid Muhammad Rizvi has outlined the fundamentals of Shari'ah and how to live by the teachings and laws of Islam. He discusses Taqlid, understanding of the laws and the reasoning behind them, and even the concept of Ijtihad.This book is one of the many Islamic publications distributed by Ahlulbayt Organization throughout the world in different languages with the aim of conveying the message of Islam to the people of the world. Ahlulbayt Organization (www.shia.es) is a registered Organization that operates and is sustained through collaborative efforts of volunteers in many countries around the world, and it welcomes your involvement and support. Its objectives are numerous, yet its main goal is to spread the truth about the Islamic faith in general and the Shi`a School of Thought in particular due to the latter being misrepresented, misunderstood and its tenets often assaulted by many ignorant folks, Muslims and non-Muslims. Organization's purpose is to facilitate the dissemination of knowledge through a global medium, the Internet, to locations where such resources are not commonly or easily accessible or are resented, resisted and fought! In addition, For a complete list of our published books please refer to our website (www.shia.es) or send us an email to [email protected]
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.
Erstmals beschreibt in diesem Buch ein islamwissenschaftlich geschulter Jurist Entstehung, Entwicklung und gegenwärtige Ausformung des islamischen Rechts. Mathias Rohe erläutert die wichtigsten islamischem Rechtsquellen und Rechtsfindungsmethoden und schildert in Grundzügen die Regelungsbereiche des klassischen islamischen Rechts: Ehe- und Familienrecht, Erbrecht, Vertrags- und Wirtschaftsrecht, Gesellschaftsrecht, Eigentumsrecht, Strafrecht, Staats- und Verwaltungsrecht, Fremden- und Völkerrecht. Dabei kommen auch grundlegende Unterschiede zwischen Sunniten, Schiiten und anderen Richtungen zur Sprache. Sein besonderes Augenmerk gilt den Regelungen für Muslime in einer nichtislamischen Umgebung, vor allem in Deutschland. Ein Ausblick auf Perspektiven des islamischen Rechts in einer globalisierten Welt beschließt dieses anschaulich geschriebene Standardwerk. Für die vorliegende dritte Auflage wurde das Buch überarbeitet, aktualisiert und erweitert. „Mathias Rohe hat ein ausgezeichnetes Buch über die wichtigsten Schattierungen der Scharia verfasst. Dessen Lektüre ist Pflicht für jeden, dem ernsthaft an der Integration gelegen ist.“ (Andreas Zielke, Süddeutsche Zeitung) „Wer Aufklärung verschenken will, möge zum christlichsten aller Feste das Buch von Matthias Rohe unter den Baum legen. (...) Es hat das Zeug zu einem Standardwerk. Und es füllt eine Lücke, die Missverständnisse und die einseitige Wahrnehmung konservativer Islamauslegung reißen.“ (Thoralf Schwanitz, Andreas Kurz, Financial Times Deutschland)
The delayed development of the Islamic world, in defiance of the formulaic approaches long favored by economists, suggests that the traditional Sharia and Islamic values and principles are at least partially responsible for the region s persistent backwardness. By analyzing the impact of the legal regime of the Sharia on Saudi Arabia during the Arab Oil Bust of the 1980s, this thesis concludes that Islamic social values and the Sharia s de facto role as an uncodified pre-emptive Arab common law implemented with high regard to precedent by ulama with extraordinary power of judicial review had the effect of accentuating the effects of the Oil Bust, making the theory of the Petrocurse a subset of a larger Cost of Being Muslim. On the other hand, the author concludes that not only is the Sharia not constrained by its nature to playing a deleterious economic role, but that it has broad commercial application, both domestically and internationally, and a new generation of more flexible Muslim economists, lawyers, and financial theorists have pointed the way toward a possible comprehensive modern adaptation of Islamic laws and principles.
While in Plato’s time there may have been some truth to his belief that there can only be "one single justice, and one single law," such is not the case today. Criminal justice systems vary widely across the world in their approaches to the problem of crime. Bringing together the collective wisdom of Cliff Roberson and Dilip K. Das, two world-renowned experts and university professors who have been involved in the criminal justice system for over thirty years, An Introduction to Comparative Legal Models of Criminal Justice presents the theme that a country’s legal model to a great extent determines the character of its police and corrections as well as its legal system. This book examines these different systems and is a useful reference guide for all criminal justice professionals. Examines Various Approaches The book begins with a brief overview of the five legal models. The continental (civil) system, characterized by an inquisitorial nature and practiced in most European countries, is discussed, followed by the common law model, which is known for its adversarial quality and is used in most English-speaking countries. The religion-based Islamic system and the rehabilitation-oriented Marxist system are also profiled. Those systems that are still emerging or are hybrid in nature are characterized as mixed. In some cases, the secretive nature of certain countries’ methods, especially those using extreme punishments, necessitated reliance on reports published by the U.S. State Department. By examining how other societies deal with problems of justice, criminal justice professionals will gain insight as to which police and corrections methods are likely to be the most successful in their jurisdictions, and which will create more problems than they solve.
Principles of Civil, Criminal, and International Law under the Shari‘a
Author: Jonathan G. Burns
“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.
There has long been a need for an objective study such as this dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. Seen within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custody, and fi lls an important gap left by recent and more general publications on Islamic law.