Sharia and the Concept of Benefit

Sharia and the Concept of Benefit
Author: Abdul Aziz bin Sattam
Publisher: Bloomsbury Publishing
Total Pages: 224
Release: 2015-02-13
Genre: Religion
ISBN: 0857726331

The idea of maslaha has a rich history in classical legal thought and literature. Conventionally translated into English as 'general benefit' or 'general interest', it has been the subject, over many centuries, of intense argument in Muslim legal manuals about how the concept should be constructed and how it might be interpreted. Some celebrated scholars have even elevated its status to an independent legal source; while other prominent jurists have spoken of the special strictures which need to be applied to maslaha when considering it within the overall framework of Islamic law. In this thorough and original treatment of the concept, Abdul Aziz bin Sattam offers the first sustained examination of one of the most important tenets of Sharia. Seeking to illuminate not only the intricacies of its application, but also the wider history which has shaped it, the author examines its foundations, theoretical underpinnings and the key debates in both classical and contemporary texts. His book will be a vital resource for all those with an interest in Islamic law, whether of the medieval or modern periods.

An Introduction to Islamic Law

An Introduction to Islamic Law
Author: Wael B. Hallaq
Publisher: Cambridge University Press
Total Pages: 209
Release: 2009-07-09
Genre: Law
ISBN: 1139489305

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

Sharia and Women's Rights in Afghanistan

Sharia and Women's Rights in Afghanistan
Author: Anastasiya Hozyainova
Publisher:
Total Pages: 9
Release: 2014
Genre: Islamic law
ISBN: 9781601272263

Women's rights in Afghanistan have been supported and championed by Afghan and international advocates and organizations since 2002. Substantial progress has been made, but the women's rights movement faces an uncertain future in the wake of the 2014 international troop withdrawals. In addition to the potential for decreased financial and public support from international actors, women's rights advocates face the challenge of collaborating with a national government that has been mistrusted by the Afghan people while trying to promote norms and laws that often contradict deeply held community traditions. This report draws on numerous in-country interviews, discussions and debates to explore a way forward for women's rights in Afghanistan: promoting women's rights through an Islamic framework. Women's rights groups have increasingly been using Sharia-based arguments and working with religious leaders to give arguments for stronger women's rights protections more legitimacy. Greater understanding of how Islamic legal literacy, scholarship and dialogue might help protect women's rights in the coming difficult period is crucial.

Corporate Islam

Corporate Islam
Author: Patricia Sloane-White
Publisher: Cambridge University Press
Total Pages: 249
Release: 2017-03-30
Genre: Social Science
ISBN: 1316878716

Compelling and original, this book offers a unique insight into the modern Islamic corporation, revealing how power, relationships, individual identities, gender roles, and practices - and often massive financial resources - are mobilized on behalf of Islam. Focusing on Muslims in Malaysia, Patricia Sloane-White argues that sharia principles in the region's Islamic economy produce a version of Islam that is increasingly conservative, financially and fiscally powerful, and committed to social control over Muslim and non-Muslim public and private lives. Packed with fascinating details, the book is essential reading for anyone with an interest in Islamic politics and culture in modern life.

Shari‘a, Inshallah

Shari‘a, Inshallah
Author: Mark Fathi Massoud
Publisher: Cambridge University Press
Total Pages: 391
Release: 2021-05-27
Genre: History
ISBN: 1108832784

Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.

Islam and New Kinship

Islam and New Kinship
Author: Morgan Clarke
Publisher: Berghahn Books
Total Pages: 262
Release: 2009-06-01
Genre: Social Science
ISBN: 1845459237

Assisted reproductive technologies such as in vitro fertilization have provoked global controversy and ethical debate. This book provides a groundbreaking investigation into those debates in the Islamic Middle East, simultaneously documenting changing ideas of kinship and the evolving role of religious authority in the region through a combination of in-depth field research in Lebanon and an exhaustive survey of the Islamic legal literature. Lebanon, home to both Sunni and Shiite Muslim communities, provides a valuable site through which to explore the overall dynamism and diversity of global Islamic debate. As this book shows, Muslim perspectives focus on the moral propriety of such controversial procedures as the use of donor sperm and eggs as well as surrogacy arrangements, which are allowed by some authorities using surprising and innovative legal arguments. These arguments challenge common stereotypes of the rigidity and conservatism of Islamic law and compel us to question conventional contrasts between ‘liberal’ and Islamic notions of moral freedom, as well as the epistemological assumptions of anthropology’s own ‘new kinship studies’. This book will be essential reading for anyone interested in contemporary Islam and the impact of reproductive technology on the global social imaginary.

The Great Theft

The Great Theft
Author: Khaled Abou El Fadl
Publisher: Harper Collins
Total Pages: 384
Release: 2009-10-13
Genre: Religion
ISBN: 0061744751

Despite President George W. Bush's assurances that Islam is a peaceful religion and that all good Muslims hunger for democracy, confusion persists and far too many Westerners remain convinced that Muslims and terrorists are synonymous. In the aftermath of the attacks of 9/11, the subsequent wars in Afghanistan and Iraq, and the recent bombings in London, an unprecedented amount of attention has been directed toward Islam and the Muslim world. Yet, even with this increased scrutiny, most of the public discourse regarding Islam revolves around the actions of extremist factions such as the Wahhabis and al-Qa'ida. But what of the Islam we don't hear about? As the second-largest and fastest-growing religion in the world, Islam is deemed by more than a billion Muslims to be a source of serenity and spiritual peace, and a touchstone for moral and ethical guidance. While extremists have an impact upon the religion that is wildly disproportionate to their numbers, moderates constitute the majority of Muslims worldwide. It is this rift between the quiet voice of the moderates and the deafening statements of the extremists that threatens the future of the faith. In The Great Theft, Khaled Abou El Fadl, one of the world's preeminent Islamic scholars, argues that Islam is currently passing through a transformative period no less dramatic than the movements that swept through Europe during the Reformation. At this critical juncture there are two completely opposed worldviews within Islam competing to define this great world religion. The stakes have never been higher, and the future of the Muslim world hangs in the balance. Drawing on the rich tradition of Islamic history and law, The Great Theft is an impassioned defense of Islam against the encroaching power of the extremists. As an accomplished Islamic jurist, Abou El Fadl roots his arguments in long-standing historical legal debates and delineates point by point the beliefs and practices of moderate Muslims, distinguishing these tenets from the corrupting influences of the extremists. From the role of women in Islam to the nature of jihad, from democracy and human rights to terrorism and warfare, Abou El Fadl builds a vital vision for a moderate Islam. At long last, the great majority of Muslims who oppose extremism have a desperately needed voice to help reclaim Islam's great moral tradition.

Concept And Application Of Shariah For The Construction Industry: Shariah Compliance In Construction Contracts, Project Finance And Risk Management

Concept And Application Of Shariah For The Construction Industry: Shariah Compliance In Construction Contracts, Project Finance And Risk Management
Author: Khairuddin Abdul Rashid
Publisher: World Scientific
Total Pages: 344
Release: 2018-10-19
Genre: Technology & Engineering
ISBN: 9813238925

The application of Shariah compliance in business transactions continues to increase. The Asian financial crisis of 1997, global financial crisis of 2007-2008, Enron scandal and other reported ills besieging conventional business transactions have led to advocates of Shariah-compliant business transactions promoting the latter as a credible alternative. However, unlike the banking, commerce and financial sectors, the uptake by the construction sector was sluggish due to limited understanding of Shariah among the practitioners and policymakers compounded by the lack of research and publications on its application for the construction sector.This book is intended for students, researchers, practitioners and policymakers of the construction industry as well as the related upstream and downstream activities. It offers basic theories, challenges current practices, and proposes innovative ideas on Shariah compliance and its application for the construction industry.Related Link(s)

Modern Perspectives on Islamic Law

Modern Perspectives on Islamic Law
Author: E. Ann Black
Publisher: Edward Elgar Publishing
Total Pages: 319
Release: 2013-01-01
Genre: Religion
ISBN: 0857934473

'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.

On British Islam

On British Islam
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.