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| Author | : Bernard G. Weiss |
| Publisher | : University of Georgia Press |
| Total Pages | : 233 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 0820328278 |
Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.
| Author | : Iza R. Hussin |
| Publisher | : University of Chicago Press |
| Total Pages | : 360 |
| Release | : 2016-03-31 |
| Genre | : Law |
| ISBN | : 022632348X |
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.
| Author | : David R. Vishanoff |
| Publisher | : International Institute of Islamic Thought (IIIT) |
| Total Pages | : 224 |
| Release | : 2020-09-01 |
| Genre | : Religion |
| ISBN | : 1642053465 |
Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?
| Author | : Lena Salaymeh |
| Publisher | : Cambridge University Press |
| Total Pages | : 257 |
| Release | : 2016-11-14 |
| Genre | : History |
| ISBN | : 1107133025 |
This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.
| Author | : Bryan S. Turner |
| Publisher | : Taylor & Francis US |
| Total Pages | : 424 |
| Release | : 2003 |
| Genre | : History |
| ISBN | : 9780415123488 |
This collection is a study of Islamic thought and institutions that represents a critical introduction to the system of Islamic belief and practice from a social science perspective.
| Author | : Asma T Uddin |
| Publisher | : Simon and Schuster |
| Total Pages | : 291 |
| Release | : 2019-07-09 |
| Genre | : Religion |
| ISBN | : 1643131745 |
American Muslim religious liberty lawyer Asma Uddin has long considered her work defending people of all faiths to be a calling more than a job. Yet even as she seeks equal protection for Evangelicals, Sikhs, Muslims, Native Americans, Jews, and Catholics alike, she has seen an ominous increase in attempts to criminalize Islam and exclude Muslim Americans from those protections.Somehow, the view that Muslims aren’t human enough for human rights or constitutional protections is moving from the fringe to the mainstream—along with the claim “Islam is not a religion.” This conceit is not just a threat to the First Amendment rights of American Muslims. It is a threat to the freedom of all Americans.Her new book reveals a significant but overlooked danger to our religious liberty. Woven throughout this national saga is Uddin’s own story and the stories of American Muslims and other people of faith who have faced tremendous indignities as they attempt to live and worship freely.Combining her experience of Islam as a religious truth and her legal and philosophical appreciation that all individuals have a right to religious liberty, Uddin examines the shifting tides of American culture and outlines a way forward for individuals and communities navigating today’s culture wars.
| Author | : Robert F. Cochran, Jr. |
| Publisher | : NYU Press |
| Total Pages | : 311 |
| Release | : 2007-12-01 |
| Genre | : Law |
| ISBN | : 0814716989 |
The relationship between religion and the law is a hot-button topic in America, with the courts, Congress, journalists, and others engaging in animated debates on what influence, if any, the former should have on the latter. Many of these discussions are dominated by the legal perspective, which views religion as a threat to the law; it is rare to hear how various religions in America view American law, even though most religions have distinct views on law. In Faith and Law, legal scholars from sixteen different religious traditions contend that religious discourse has an important function in the making, practice, and adjudication of American law, not least because our laws rest upon a framework of religious values. The book includes faiths that have traditionally had an impact on American law, as well as new immigrant faiths that are likely to have a growing influence. Each contributor describes how his or her tradition views law and addresses one legal issue from that perspective. Topics include abortion, gay rights, euthanasia, immigrant rights, and blasphemy and free speech.
| Author | : Mashood A. Baderin |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 177 |
| Release | : 2021 |
| Genre | : Islamic law |
| ISBN | : 0199665591 |
Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
| Author | : Emine Enise Yakar |
| Publisher | : Routledge |
| Total Pages | : 312 |
| Release | : 2021-09-30 |
| Genre | : Law |
| ISBN | : 1000456374 |
This book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.
| Author | : John R. Bowen |
| Publisher | : Princeton University Press |
| Total Pages | : 288 |
| Release | : 2016-03-15 |
| Genre | : Social Science |
| ISBN | : 0691158541 |
On British Islam examines the history and everyday workings of Islamic institutions in Britain, with a focus on shariʿa councils. These councils concern themselves with religious matters, especially divorce. They have a higher profile in Britain than in other Western nations. Why? Taking a historical and ethnographic look at British Islam, John Bowen examines how Muslims have created distinctive religious institutions in Britain and how shariʿa councils interpret and apply Islamic law in a secular British context. Bowen focuses on three specific shariʿa councils: the oldest and most developed, in London; a Midlands community led by a Sufi saint and barrister; and a Birmingham-based council in which women play a leading role. Bowen shows that each of these councils represents a prolonged, unique experiment in meeting Muslims' needs in a Western country. He also discusses how the councils have become a flash point in British public debates even as they adapt to the English legal environment. On British Islam highlights British Muslims' efforts to create institutions that make sense in both Islamic and British terms. This balancing act is rarely acknowledged in Britain—or elsewhere—but it is urgent that we understand it if we are to build new ways of living together.
