Islamic Law In Action
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| Author | : Kristen Stilt |
| Publisher | : OUP Oxford |
| Total Pages | : 975 |
| Release | : 2012-01-12 |
| Genre | : Law |
| ISBN | : 0191629820 |
A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.
| Author | : Mathias Rohe |
| Publisher | : BRILL |
| Total Pages | : 676 |
| Release | : 2015-01-27 |
| Genre | : Law |
| ISBN | : 9004281800 |
Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
| 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 | : 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 | : Khaled Fahmy |
| Publisher | : Univ of California Press |
| Total Pages | : 392 |
| Release | : 2023-02-07 |
| Genre | : History |
| ISBN | : 0520395611 |
In Quest of Justice provides the first full account of the establishment and workings of a new kind of state in Egypt in the modern period. Drawing on groundbreaking research in the Egyptian archives, this highly original book shows how the state affected those subject to it and their response. Illustrating how shari’a was actually implemented, how criminal justice functioned, and how scientific-medical knowledges and practices were introduced, Khaled Fahmy offers exciting new interpretations that are neither colonial nor nationalist. Moreover he shows how lower-class Egyptians did not see modern practices that fused medical and legal purposes in new ways as contrary to Islam. This is a major contribution to our understanding of Islam and modernity.
| Author | : Shaheen Sardar Ali |
| Publisher | : Cambridge University Press |
| Total Pages | : 329 |
| Release | : 2016-10-06 |
| Genre | : Law |
| ISBN | : 1107033381 |
This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.
| Author | : Emilia Justyna Powell |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 329 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 0190064633 |
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
| 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 | : Abdullahi Ahmed An Na'im |
| Publisher | : Syracuse University Press |
| Total Pages | : 276 |
| Release | : 1996-07-01 |
| Genre | : Law |
| ISBN | : 9780815627067 |
Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.
| Author | : Markus D Dubber |
| Publisher | : OUP Oxford |
| Total Pages | : 1294 |
| Release | : 2014-11-27 |
| Genre | : Law |
| ISBN | : 0191654604 |
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
