Author: Bill Warner
Publisher: CSPI
ISBN: 9780979579486
Category : Religion
Languages : en
Pages : 48
Book Description
"Sharia, an Arabic word meaning "the right path," refers to traditional Islamic law. The Sharia comes from the Koran, the sacred book of Islam, which Muslims consider the actual word of God. The Sharia also stems from the Prophet Muhammad's teachings and interpretations of those teachings by certain Muslim legal scholars. Muslims believe that Allah (God) revealed his true will to Muhammad, who then passed on Allah's commands to humans in the Koran. Since the Sharia originated with Allah, Muslims consider it sacred. Between the seventh century when Muhammad died and the 10th century, many Islamic legal scholars attempted to interpret the Sharia and to adapt it to the expanding Muslim Empire. The classic Sharia of the 10th century represented an important part of Islam's golden age. From that time, the Sharia has continued to be reinterpreted and adapted to changing circumstances and new issues. In the modern era, the influences of Western colonialism generated efforts to codify it."--Definition from Constitutional rights foundation.
War and Peace in the Law of Islam
Author: Majid Khadduri
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776951
Category : International law
Languages : en
Pages : 334
Book Description
Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776951
Category : International law
Languages : en
Pages : 334
Book Description
Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
The Politics of Islamic Law
Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
Category : Law
Languages : en
Pages : 360
Book Description
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Publisher: University of Chicago Press
ISBN: 022632348X
Category : Law
Languages : en
Pages : 360
Book Description
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Understanding Sharia
Author: Raficq S. Abdulla
Publisher: Bloomsbury Publishing
ISBN: 1786724057
Category : Religion
Languages : en
Pages : 243
Book Description
Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs.
Publisher: Bloomsbury Publishing
ISBN: 1786724057
Category : Religion
Languages : en
Pages : 243
Book Description
Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs.
The Myth of Islamic Tolerance
Author: Robert Spencer
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 636
Book Description
This collection of essays by some of the world's leading authorities on Islamic social history focuses on the juridical and cultural oppression of non-Muslims in Islamic societies. The authors of these in-depth but accessible articles explode the widely diffused myth, promulgated by Muslim advocacy groups, of a largely tolerant, pluralistic Islam. In fact, the contributors lay bare the oppressive legal superstructure that has treated non-Muslims in Muslim societies as oppressed and humiliated tributaries, and they show the devastating effects of these discriminatory attitudes and practices in both past and contemporary global conflicts.Besides original articles, primary source documents here presented also elucidate how the legally mandated subjugation of non-Muslims under Islamic law stems from the Muslim concept of jihad - the spread of Islam through conquest. Historically, the Arab-Muslim conquerors overran vast territories containing diverse non-Muslim populations. Many of these conquered people surrendered to Muslim domination under a special treaty called dhimma in Arabic. As such these non-Muslim indigenous populations, mainly Christians and Jews, were then classified under Islamic law as dhimmis (meaning "protected"). Although protected status may sound benign, this classification in fact referred to "protection" from the resumption of the jihad against non-Muslims, pending their adherence to a system of legal and financial oppression, as well as social isolation. The authors maintain that underlying this religious caste system is a culturally ingrained contempt for outsiders that still characterizes much of the Islamic world today and is a primary impetus for jihad terrorism.Also discussed is the poll tax (Arabic jizya) levied on non-Muslims; the Islamic critique of the Universal Declaration of Human Rights; the use of jihad ideology by twentieth-century radical Muslim theorists; and other provocative topics usually ignored by Muslim apologists.This hard-hitting and absorbing critique of Islamic teachings and practices regarding non-Muslim minorities exposes a significant human rights scandal that rarely receives any mention either in academic circles or in the mainstream press.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 636
Book Description
This collection of essays by some of the world's leading authorities on Islamic social history focuses on the juridical and cultural oppression of non-Muslims in Islamic societies. The authors of these in-depth but accessible articles explode the widely diffused myth, promulgated by Muslim advocacy groups, of a largely tolerant, pluralistic Islam. In fact, the contributors lay bare the oppressive legal superstructure that has treated non-Muslims in Muslim societies as oppressed and humiliated tributaries, and they show the devastating effects of these discriminatory attitudes and practices in both past and contemporary global conflicts.Besides original articles, primary source documents here presented also elucidate how the legally mandated subjugation of non-Muslims under Islamic law stems from the Muslim concept of jihad - the spread of Islam through conquest. Historically, the Arab-Muslim conquerors overran vast territories containing diverse non-Muslim populations. Many of these conquered people surrendered to Muslim domination under a special treaty called dhimma in Arabic. As such these non-Muslim indigenous populations, mainly Christians and Jews, were then classified under Islamic law as dhimmis (meaning "protected"). Although protected status may sound benign, this classification in fact referred to "protection" from the resumption of the jihad against non-Muslims, pending their adherence to a system of legal and financial oppression, as well as social isolation. The authors maintain that underlying this religious caste system is a culturally ingrained contempt for outsiders that still characterizes much of the Islamic world today and is a primary impetus for jihad terrorism.Also discussed is the poll tax (Arabic jizya) levied on non-Muslims; the Islamic critique of the Universal Declaration of Human Rights; the use of jihad ideology by twentieth-century radical Muslim theorists; and other provocative topics usually ignored by Muslim apologists.This hard-hitting and absorbing critique of Islamic teachings and practices regarding non-Muslim minorities exposes a significant human rights scandal that rarely receives any mention either in academic circles or in the mainstream press.
Islam and the Rule of Justice
Author: Lawrence Rosen
Publisher: University of Chicago Press
ISBN: 022651174X
Category : Law
Languages : en
Pages : 293
Book Description
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Publisher: University of Chicago Press
ISBN: 022651174X
Category : Law
Languages : en
Pages : 293
Book Description
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Conference of the Books
Author: Khaled Abou El Fadl
Publisher: Rlpg/Galleys
ISBN:
Category : Political Science
Languages : en
Pages : 448
Book Description
Abou El Fadl (Islamic law, UCLA School of Law) wrote the 62 brief essays here over the course of five years. Through a combination of musings and critical reflections on classical Muslim authors, he both traces Muslim intellectual history and also confronts questions of ethics, faith, law, politics, culture, and modern identity. He ranges over many facets of Islam in the contemporary world, exploring censorship, political oppression, terrorism, the veil and the treatment of women, marriage, parental rights, the dynamics between law and morality, the character of the prophet Muhammad, and other topics. About half the essays first appeared in The minaret magazine. c. Book News Inc.
Publisher: Rlpg/Galleys
ISBN:
Category : Political Science
Languages : en
Pages : 448
Book Description
Abou El Fadl (Islamic law, UCLA School of Law) wrote the 62 brief essays here over the course of five years. Through a combination of musings and critical reflections on classical Muslim authors, he both traces Muslim intellectual history and also confronts questions of ethics, faith, law, politics, culture, and modern identity. He ranges over many facets of Islam in the contemporary world, exploring censorship, political oppression, terrorism, the veil and the treatment of women, marriage, parental rights, the dynamics between law and morality, the character of the prophet Muhammad, and other topics. About half the essays first appeared in The minaret magazine. c. Book News Inc.
Shari’a
Author: Abbas Amanat
Publisher: Stanford University Press
ISBN: 0804779538
Category : Religion
Languages : en
Pages : 265
Book Description
This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.
Publisher: Stanford University Press
ISBN: 0804779538
Category : Religion
Languages : en
Pages : 265
Book Description
This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.
Religious Pluralism and Islamic Law
Author: Anver M. Emon
Publisher: Oxford University Press
ISBN: 0199661634
Category : Law
Languages : en
Pages : 382
Book Description
Analysing the rules governing the treatment of foreigners in Islam and situating them in their historical, political, and legal context, this book sets out a new framework for understanding these rules as part of a wider problem of governing through law amidst pluralism.
Publisher: Oxford University Press
ISBN: 0199661634
Category : Law
Languages : en
Pages : 382
Book Description
Analysing the rules governing the treatment of foreigners in Islam and situating them in their historical, political, and legal context, this book sets out a new framework for understanding these rules as part of a wider problem of governing through law amidst pluralism.