Sharia Law And Society
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| Author | : Nadirsyah Hosen |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 487 |
| Release | : 2018-09-28 |
| Genre | : Law |
| ISBN | : 1781003068 |
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
| 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 | : Richard A. Debs |
| Publisher | : Columbia University Press |
| Total Pages | : 215 |
| Release | : 2010-07-28 |
| Genre | : History |
| ISBN | : 0231520999 |
Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
| 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 | : Nobuaki Kondo |
| Publisher | : Taylor & Francis |
| Total Pages | : 211 |
| Release | : 2017-03-31 |
| Genre | : Computers |
| ISBN | : 135178319X |
This is the first book on the relationship between Islamic law and the Iranian society during the nineteenth century. The author explores the legal aspects of urban society in Iran and provides the social context in which political process occurred and examines how authorities applied law in society, how people utilized the law, and how the law regulated society. Based on rich archival sources including court records and private deeds from Qajar Tehran, this book explores how Islamic law functioned in Iranian society.
| Author | : David Stephan Powers |
| Publisher | : Routledge |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Africa, North |
| ISBN | : 9781409403708 |
The first eleven essays in this collection analyze the application of Islamic law in family law cases in Qadi courts in the Maghrib between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), they demonstrate that the jurists placed high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped, the modern western scholarly understanding of Islamic law.
| Author | : Matthew S. Erie |
| Publisher | : Cambridge University Press |
| Total Pages | : 473 |
| Release | : 2016-09 |
| Genre | : Law |
| ISBN | : 1107053374 |
This book is the first ethnographic study of Muslim minorities' practice of Islamic law in contemporary China.
| Author | : Abbas Amanat |
| Publisher | : Stanford University Press |
| Total Pages | : 265 |
| Release | : 2007-09-17 |
| Genre | : Religion |
| ISBN | : 0804779538 |
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.
| Author | : Robert W. Hefner |
| Publisher | : Indiana University Press |
| Total Pages | : 346 |
| Release | : 2011-04-04 |
| Genre | : History |
| ISBN | : 0253223105 |
One of the most important developments in Muslim politics in recent years has been the spread of movements calling for the implementation of Shari'a or Islamic law. Shari'a Politics maps the ideals and organization of these movements and examines their implications for the future of democracy, citizen rights, and gender relations in the Muslim world. These studies of eight Muslim-majority societies, and state-of-the-field reflections by leading experts, provide the first comparative investigation of movements for and against implementation of Shari'a. These essays reveal that the Muslim public's interest in Shari'a does not spring from an unchanging devotion to received religious tradition, but from an effort to respond to the central political and ethical questions of the day. -- Publisher description.
| Author | : Ahmed E. Souaiaia |
| Publisher | : State University of New York Press |
| Total Pages | : 214 |
| Release | : 2010-03-10 |
| Genre | : Religion |
| ISBN | : 0791478572 |
Contesting Justice examines the development of the laws and practices governing the status of women in Muslim society, particularly in terms of marriage, polygamy, inheritance, and property rights. Ahmed E. Souaiaia argues that such laws were not methodically derived from legal sources but rather are the preserved understanding and practices of the early ruling elite. Based on his quantitative, linguistic, and normative analyses of Quranic texts—and contrary to the established practice—the author shows that these texts sanction only monogamous marriages, guarantee only female heirs' shares, and do not prescribe an inheritance principle that awards males twice the shares of females. He critically explores the way religion is developed and then is transformed into a social control mechanism that transcends legal reform, gender-sensitive education, or radical modernization. To ameliorate the legal, political, and economic status of women in the Islamic world, Souaiaia recommends the strengthening of civil society institutions that will challenge wealth-engendered majoritism, curtail society-manufactured conformity, and bridle the absolute power of the state.
