Case Studies in Islamic Family Law
Author: Asifa Quraishi,Frank E. Vogel
Publisher: Islamic Legal Studies Program
It is often said that marriage in Islamic law is a civil contract, not a sacrament. This volume collects papers from many disciplines examining the Muslim marriage contract. Articles cover doctrines as to marriage contracts (e.g., may a wife stipulate monogamy?); historical instances; comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide.
Author: Anver M. Emon,Rumee Ahmed
Publisher: Oxford University Press
This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.
Author: Kecia Ali
Publisher: Harvard University Press
A remarkable research accomplishment. Ali leads us through three strands of early Islamic jurisprudence with careful attention to the nuances and details of the arguments.
Author: Yvonne Yazbeck Haddad,Jane I. Smith
Publisher: Oxford University Press, USA
Islam has been part of the increasingly complex American religious scene for well over a century, and was brought into more dramatic focus by the attacks of September 11, 2001. American Islam is practiced by a unique blend of immigrants and American-born Muslims. The immigrants have come from all corners of the world; they include rich and poor, well-educated and illiterate, those from upper and lower classes as well as economic and political refugees. The community's diversity has been enhanced by the conversion of African Americans, Latina/os, and others, making it the most heterogeneous Muslim community in the world. With an up-to-the-minute analysis by thirty of the top scholars in the field, this handbook covers the growth of Islam in America from the earliest Muslims to set foot on American soil to the current wave of Islamophobia. Topics covered include the development of African American Islam; pre- and post-WWII immigrants; Sunni, Shi`ite, sectarian and Sufi movements in America; the role and status of women, marriage, and family; and the Americanization of Islamic culture. Throughout these chapters the contributors explore the meaning of religious identity in the context of race, ethnicity, gender, and politics, both within the American Islamic community and in relation to international Islam.
Author: Chibli Mallat,Jane Frances Connors
Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.
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.
Cases, Authorities and Worldview
Author: Ahmad Atif Ahmad
Publisher: Bloomsbury Publishing
Introducing undergraduate students to Islamic law, this accessible textbook does not presume legal or technical knowledge. Drawing on a comparative approach, it encourages students to think through the issues of the application of Islamic law where Muslims live as a majority and where they live as a minority, including the USA, Saudia Arabia, Egypt, Pakistan. The book surveys the historical development as well as the contemporary contexts of Islamic law. In distilling the history of Islamic law for non-specialists, the author covers important topics such as the development and transformation of Islamic institutions before and after colonialism. Coverage of Islamic law across contemporary contexts draws on real case material, and allows for discussion of Islam as a legal and a moral code that is activated both inside and outside the court. Readers will learn about rituals, dietary restrictions, family, contracts and property, lawful and unlawful gain, criminal law and punishments, and what makes a government legitimate in the eyes of Muslim individuals and authorities.
Perspectives on Reform
Author: Lynn Welchman
Publisher: Zed Books
The family is where legal rules presented as part of the Islamic shari`a are most widely applied in the Muslim world. This connection, often differently elaborated by particular social constituencies, can present difficulties to the advocates of law reform. At the same time, the resonance of the issues at which advocacy is targeted creates an opportunity for creative exchange in addressing practical strategies for change. This volume explores the present-day realities of Islamic family law, with particular emphasis on the rights of women, and focusing on law in its living social context as reflected in public opinion and personal experience.Three contrasting country cases have been selected: * Egypt, with a majority Muslim population, the most populous Arab state with a tradition of regional leadership in matters legal, and a constitutional clause on the place of 'principles of the shari`a' as the principal source of legislation * The West Bank and Gaza, also with a majority Muslim population, but with no sovereign power and no national legislation on the issue -- family law here having become a contested site between different visions of national identity in the process of trying to build a Palestinian state* The United States of America, where some in the minority Muslim communities seek to regulate their family relations in accordance with 'principles of the shari`a' within the context of the domestic legal framework of a non-Muslim state applying civil law requirements to all family matters A concluding study ranges further afield in order to explore the challenges and potential of 'principles of shari`a' in advocacy on the question of violence against women. This book makes possible a detailed examination of possibilities of, and constraints on, legal reform in the area of Islamic family law in specific contemporary contexts.
Qadis And Their Judgements
Author: Muḥammad K̲ālid Masud,Rudolph Peters,David Stephan Powers
Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
Islam, Liberal Rights, and the Malaysian State
Author: Tamir Moustafa
Publisher: Cambridge University Press
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Evolution, Devolution, and Progress
Author: Peri J. Bearman,Rudolph Peters,Frank E. Vogel
Publisher: Islamic Legal Studies Program
The Islamic school of law, or madhhab, is a concept on which a substantial amount has been written but of which there is still little understanding, and even less consensus. This collection of selected papers from the III International Conference on Islamic Legal Studies, held in May 2000 at the Harvard Law School, offers building blocks toward the entire edifice of understanding the complex development of the madhhab, a development that even in the contemporary dissolution of madhhab lines and grouping continues to fascinate. As scholars look to the construction of a new Islamic legal history, these essays inform on the background to madhhab formation, on inter-madhhab polemics and the drive toward legal authority, on madhhab perpetuation and anti-madhhab tendencies, on the constitutional role of the madhhab, on the madhhab's legislative and adjudicative mechanisms, and on the significance of the madhhab in comparative terms. This volume is of value to anyone interested in the nature of Islamic law.
Author: Intisar A. Rabb
Category: Islamic courts
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.
Property and Human Rights in the Muslim World
Author: Hilary Lim
Publisher: Zed Books Ltd.
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Author: Yossef Rapoport
Publisher: Cambridge University Press
High rates of divorce, often taken to be a modern and western phenomenon, were also typical of medieval Islamic societies. By pitting these high rates of divorce against the Islamic ideal of marriage,Yossef Rapoport radically challenges usual assumptions about the legal inferiority of Muslim women and their economic dependence on men. He argues that marriages in late medieval Cairo, Damascus and Jerusalem had little in common with the patriarchal models advocated by jurists and moralists. The transmission of dowries, women's access to waged labour, and the strict separation of property between spouses made divorce easy and normative, initiated by wives as often as by their husbands. This carefully researched work of social history is interwoven with intimate accounts of individual medieval lives, making for a truly compelling read. It will be of interest to scholars of all disciplines concerned with the history of women and gender in Islam.
The Early Spread of Hanafism
Author: Nurit Tsafrir
Publisher: Islamic Legal Studies Program
The Hanafi school of law is one of the oldest legal schools of Islam, coming into existence in the eighth century in Iraq, and surviving up to the present. So closely is the early development of the Hanafi school interwoven with non-legal spheres, such as the political, social, and theological, that the study of it is essential to a proper understanding of medieval Islamic history. Using rich material drawn mainly from medieval Islamic biographical dictionaries, Nurit Tsafrir offers a thorough examination of the first century and a half of the school's existence, the period during which it took shape. She provides a detailed account of the process by which the school attracted ever more followers and spread over vast geographical areas in the Islamic world empire. The book makes an important contribution to our understanding of the history of this influential school of law in the broader context of Islamic history. The History of an Islamic School of Law: The Early Spread of Hanafism will be of interest to all those concerned with early and medieval Isalmic history, the history of Islamic schools of law, legal history, and the social history of classical Islam.
Author: Nicholas Aroney
Publisher: Oxford University Press, USA
Leading scholars from a range of countries and academic disciplines, and representing different political viewpoints and faith traditions, explore the complex issues surrounding the legal recognition of religious faith in a multicultural society.
Author: Marinos Diamantides,Adam Gearey
The essays brought together in Islam, Law and Identity are the product of a series of interdisciplinary workshops that brought together scholars from a plethora of countries.? Funded by the British Academy the workshops convened over a period of two years in London, Cairo and Izmir. The workshops and the ensuing papers focus on recent debates about the nature of sacred and secular law and most engage case studies from specific countries including Egypt, Israel, Kazakhstan, Mauritania, Pakistan and the UK. Islam, Law and Identity also addresses broader and over-arching concerns about relationships between religion, human rights, law and modernity. Drawing on a variety of theoretical and empirical approaches, the collection presents law as central to the complex ways in which different Muslim communities and institutions create and re-create their identities around inherently ambiguous symbols of faith. From their different perspectives, the essays argue that there is no essential conflict between secular law and Shari`a but various different articulations of the sacred and the secular.? Islam, Law and Identity explores a more nuanced and sophisticated understanding of the tensions that animate such terms as Shari`a law, modernity and secularization
Author: Adam Possamai,James T Richardson,Bryan S. Turner
Category: Social Science
This edited volume offers a collection of papers that present a comparative analysis of the development of Shari’a in countries with Muslim minorities, such as America, Australia, Germany, and Italy, as well as countries with Muslim majorities, such as Malaysia, Bangladesh, Turkey, and Tunisia. The Sociology of Shari’a provides a global analysis of these important legal transformations and analyzesthe topic from a sociological perspective. It explores examples of non-Western countries that have a Muslim minority in their populations, including South Africa, China, Singapore, and the Philippines. In addition, the third part of the book includes case studies that explore some ground-breaking theories on the sociology of Shari’a, such as the application of Black, Chambliss, and Eisenstein’s sociological perspectives.