Sharia Law for the Non-Muslim

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.

Sharia Versus Freedom

Author: Andrew G. Bostom
Publisher: Prometheus Books
ISBN: 1616146672
Category : Social Science
Languages : en
Pages : 650

Book Description
Author Andrew G. Bostom expands upon his two previous groundbreaking compendia, The Legacy of Jihad and The Legacy of Islamic Antisemitism, with this collection of his own recent essays on Sharia - Islamic law. The book elucidates, unapologetically, Sharia's defining Islamic religious principles and the consequences of its application across space and time, focusing upon contemporary illustrations. A wealth of unambiguous evidence is marshaled, distilled, and analyzed, including: objective, erudite studies of Sharia by leading scholars of Islam; the acknowledgment of Sharia's global "resurgence," even by contemporary academic apologists for Islam; an abundance of recent polling data from Muslim nations and Muslim immigrant communities in the West confirming the ongoing, widespread adherence to Sharia's tenets; the plaintive warnings and admonitions of contemporary Muslim intellectuals - freethinkers and believers, alike - about the incompatibility of Sharia with modern, Western-derived conceptions of universal human rights; and the overt promulgation by authoritative, mainstream international and North American Islamic religious and political organizations of traditional, Sharia-based Muslim legal systems as an integrated whole (i.e., extending well beyond mere "family-law aspects" of Sharia). Johannes J. G. Jansen, Professor for Contemporary Islamic Thought Emeritus at Utrecht University, says this book "will prove sobering to even staunch optimists."

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

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.

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.

The Dhimmi

Author: Bat Yeʼor
Publisher: Associated University Presse
ISBN: 0838632335
Category : History
Languages : en
Pages : 444

Book Description
Examines the treatment of non-Arab people under the rule of the Muslims and collects historical documents related to this subject

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.

Islam, Sharia and Alternative Dispute Resolution

Author: Mohamed M. Keshavjee
Publisher: Bloomsbury Publishing
ISBN: 0857733796
Category : Political Science
Languages : en
Pages : 311

Book Description
The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterised by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalise some of the essential principles that underlie Muslim teachings and jurispudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.

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.

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.