Customary and Shari'ah Law in Arabian Society

Customary and Shari'ah Law in Arabian Society
Author: Robert Bertram Serjeant
Publisher: Routledge
Total Pages: 360
Release: 1991
Genre: History
ISBN:

The society and legal systems of Southern Arabia, both ancient and modern, form the subject of this second collection of articles by Professor Serjeant. His approach has been to make a detailed study of modern social structures and legal customs and to relate these to what we know of ancient society and law. The traditional tribal society of the region, he argues, has preserved in its customary law and practice a very great deal that derives directly from the pre-Islamic period, whereas the shari'ah, the law of Islam, though stemming from the same sources, has often diverged significantly from it. An understanding of the modern situation, therefore, is of immediate relevance to the interpretation of pre- and early-Islamic society. Among the particular topics covered are the interplay between tribal affinities and religious authority, marriage legislation and the "Frankish chancre" or (syphilis), and maritime customary law. From an ethnographic viewpoint, furthermore, these studies record peoples and lifestyles that have been increasingly overwhelmed by contemporary events. Les sociétés et les systèmes juridiques de l'Arabie du Sud, moderne et ancienne, sont le thème de ce recueil d'articles par le professeur Serjeant. Il aborde le sujet avec une étude des structures sociales modernes, ainsi que du droit coutumier, puis les rattache à ce qui est connu de la société et du droit anciens. La société tribale traditionnelle de la région, affirme-t'il, a conservé un grand nombre d'us et coutumes trouvant des origines directes au cours de la période pre-islamique, alors que le droit de l'Islam, le shari'ah, bien qu'issu des mÃames sources, s'en éloigne de façon significative. Le fait de comprendre la situation moderne a donc un rapport immédiat avec toute interprétation de la société islamique à ses débuts. Parmi les thèmes spécifiques que couvre l'auteur, se trouvent le droit marital et le "chancre" franc (syphilitique), le droit

Islamic Law, Tribal Customary Law and Waqf

Islamic Law, Tribal Customary Law and Waqf
Author: Aharon Layish
Publisher: BRILL
Total Pages: 648
Release: 2023-10-30
Genre: Law
ISBN: 9004680926

In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.

Law, Custom, and Statute in the Muslim World

Law, Custom, and Statute in the Muslim World
Author: Rôn Šaham
Publisher: BRILL
Total Pages: 298
Release: 2007
Genre: Religion
ISBN: 9004154531

This collective volume deals with the main components in the laws of Islamic societies, past and present: sharia, custom and statute. Covers a wide range of geographical areas, from the Balkans to Yemen, and from Iraq to the Maghrib -- Back cover.

Islam, Custom and Human Rights

Islam, Custom and Human Rights
Author: Lutforahman Saeed
Publisher: Springer Nature
Total Pages: 223
Release: 2021-10-29
Genre: Law
ISBN: 3030830861

For the first time, the author has explored the intertwinement of written law, Islamic law, and customary law in the highly complex Afghan society, being deeply influenced by traditional cultural and religious convictions. Given these facts, the author explores how to bridge the exigencies of a human rights–driven penal law and conflicting social norms and understandings by using the rich tradition of Islamic law and its possible openness for contemporary rule of law standards. This work is based on ample field research in connection with a thorough analysis of the normative contexts. It is a landmark, since it offers broadly acceptable and thus feasible solutions for the Afghan legal practice. The book is of equal interest for scientists and practitioners interested in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, in Afghanistan in particular.

Islamic Law and Civil Code

Islamic Law and Civil Code
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.

A History of Islamic Law

A History of Islamic Law
Author: N. Coulson
Publisher: Routledge
Total Pages: 274
Release: 2017-07-12
Genre: Religion
ISBN: 1351535293

Lawyers, according to Edmund Burke, are bad historians. He was referring to an unwillingness, rather than an inaptitude, on the part of early nineteenth-century English lawyers to concern themselves with the past: for contemporary jurisprudence was a pure and isolated science wherein law appeared as a body of rules, based upon objective criteria, whose nature and very existence were independent of considerations of time and place. Despite the influence of the historical school of Western jurisprudence, Burke's observation is generally valid for Middle East studies. Muslim jurisprudence in its traditional form provides an extreme example of a legal science divorced from historical considerations. Law, in classical Islamic theory, is the revealed will of God, a divinely ordained system preceding, and not preceded by, the Muslim state controlling, but not controlled by, Muslim society. There can thus be no relativistic notion of the law itself evolving as an historical phenomenon closely tied with the progress of society. The increasing number of nations that are largely Muslim or have a Muslim head of state, emphasizes the growing political importance of the Islamic world, and, as a result, the desirability of extending and expanding the understanding and appreciation of their culture and belief systems. Since history counts for much among Muslims and what happened in 632 or 656 is still a live issue, a journalistic familiarity with present conditions is not enough; there must also be some awareness of how the past has molded the present. This book is designed to give the reader a clear picture. But where there are gaps, obscurities, and differences of opinion, these are also indicated.

Impact of Islamic Penal Laws on the Traditional Arab Society

Impact of Islamic Penal Laws on the Traditional Arab Society
Author: Ali Akram Khan Sherwani
Publisher: M.D. Publications Pvt. Ltd.
Total Pages: 120
Release: 1993
Genre: Religion
ISBN: 9788185880174

The book examines the impact of Islamic Penal Laws on the traditional Arab Society. Using the Holy Quran as its primary source, the book selects such verses which pertain to a number of socio-economic crimes prevalent in the pagan Arab Society. It, then, carefully analyses the basic logic of these verses and draws distinction between such notions as crime and sin, rights of God and rights of man, etc.

Islamic Law and Society in the Sudan

Islamic Law and Society in the Sudan
Author: Carolyn Fluehr-Lobban
Publisher: Routledge
Total Pages: 339
Release: 2013-10-15
Genre: Religion
ISBN: 1134540426

Few studies exist which deal with Islamic law in practice, and this is among the first such studies in the English language for Islamic Africa. It is significant that the present study was completed just prior to the extension of Islamic law as the sole governing law in the Sudan in 1983, for it captures many essentials of the Shari’a as it has been applied for decades prior to this important change. Numerous movements for reform and change are discussed in the book, which reflect the contemporary debate in the Sudan over the position of Shari’a in society.

Understanding Sharia

Understanding Sharia
Author: Raficq S. Abdulla
Publisher: Bloomsbury Publishing
Total Pages: 352
Release: 2018-04-30
Genre: Religion
ISBN: 1786734052

I.B.Tauris in association with the Institute of Ismaili Studies Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs. In addition to tracing the history of sharia, the book offers a critique concerning its status today. Sharia is examined with regard to particular issues that are of paramount importance in the contemporary world, such as human rights; criminal penalties, including those dealing with apostasy, blasphemy and adultery, commercial transactions, and bio-medical ethics, amongst other subjects. The authors show that sharia is a legal system underpinned by ethical principles that are open to change in different circumstances and contexts, notwithstanding the claims for `transcendental permanence' made by Islamists. This book encourages new thinking about the history of sharia and its role in the modern world.

Shattering Tradition

Shattering Tradition
Author: Walter Dostal
Publisher: Bloomsbury Publishing
Total Pages: 337
Release: 2005-04-22
Genre: History
ISBN: 0857716778

Few deny that in the Muslim world religion and law are intimately linked. However, local legal realities mean that Islamic law is often pushed out of the picture by customary law, which is usually tribal, and by state law. Shattering Tradition concentrates on customary law, which is the least investigated of the three, and considers the ruptures and potential for conflict in Muslim law as well as the continuities and interactions. Shattering Tradition is vital reading for all those interested in the social anthropology of the Middle East and the wider study of Islamic law.