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.

Muslim Laws, Politics and Society in Modern Nation States

Muslim Laws, Politics and Society in Modern Nation States
Author: Ihsan Yilmaz
Publisher: Routledge
Total Pages: 285
Release: 2016-12-05
Genre: Law
ISBN: 1351916246

Drawing on theories of legal pluralism, this book tests whether and to what extent claims of the modern nation-state laws to exclusive dominance over other spheres are tenable, and reassesses the operation of law in society. Incorporating a combination of legal theory, post-modern critique and socio-legal analysis of three current jurisdictions in which Muslims play an important role, the volume identifies Muslims' current socio-legal situation and attitudes from different perspectives and reconciles them with modern legal systems in three key countries. It analyzes the conflict between the assumptions of modern legal systems and plural legal realities, and also examines attempts by modern legal systems to impose official laws in the face of resistance from unofficial Muslim laws and discusses possible responses to the challenge of dynamic Muslim legal pluralism. A valuable resource for students, researchers and academics with an interest in the areas of Islamic law and politics, and the interplay between secular law and religious/cultural traditions.

The Islamic Law of Personal Status

The Islamic Law of Personal Status
Author: Jamal J. Nasir
Publisher: BRILL
Total Pages: 290
Release: 2021-10-05
Genre: Law
ISBN: 9004480382

This new edition of the authoritative English-language treatment of Islamic personal status law gives practitioners and courts throughout the world direct access to this important body of law in its most up-to-date development. All Middle Eastern and North African Arab states are covered; new to this edition is coverage of recent provisions enacted in Kuwait, Yemen, and Sudan. The chapter on dissolution of marriage has been completely revised to reflect current legal interpretation and judicial practice in this rapidly changing area of Islamic law. Also new and especially valuable are English versions, for the first time anywhere, of fundamental Shiite and Jaafari legal works with the most thorough analysis and commentary available in any non-Arabic source. Dr. Nasir's much-appreciated methodology has been continued since the very successful first edition of 1986. For each topic - e.g., marriage, dower, dissolution of marriage, parentage, inheritance, and waqf - he begins with a consideration of the subject in Sharia law, and then goes on to present legislation and contemporary views, in particular Arab countries. This approach, while it clearly manifests the continuity of Islamic law respecting personal status, is of great practical value to judges and practitioners, especially those who must resolve disputes under Islamic law in non-Muslim countries.

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.

Islamic Law in Africa

Islamic Law in Africa
Author: J N D Anderson
Publisher: Routledge
Total Pages: 425
Release: 2013-10-15
Genre: Religion
ISBN: 1134564996

In many parts of Africa three different systems of laws are concurrently applied – the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.

Custom in Islamic Law and Legal Theory

Custom in Islamic Law and Legal Theory
Author: Ayman Shabana
Publisher: Springer
Total Pages: 256
Release: 2010-11-14
Genre: Religion
ISBN: 0230117341

This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).

Land, Law and Islam

Land, Law and Islam
Author: Hilary Lim
Publisher: Zed Books Ltd.
Total Pages: 247
Release: 2013-07-18
Genre: Law
ISBN: 1848137206

In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

History of Islamic Law

History of Islamic Law
Author: Noel Coulson
Publisher: Edinburgh University Press
Total Pages: 280
Release: 2014-03-11
Genre: Law
ISBN: 0748696490

The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.

Islamic Family Law in a Changing World

Islamic Family Law in a Changing World
Author: ʻAbd Allāh Aḥmad Naʻīm
Publisher: Zed Books
Total Pages: 340
Release: 2002-08
Genre: Family & Relationships
ISBN: 9781842770931

In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.

In defense of Islamic Laws

In defense of Islamic Laws
Author: Sayyid Saeed Akhtar Rizvi
Publisher: Bilal Muslim Mission of Tanzania
Total Pages: 58
Release: 2014-04-25
Genre: Religion
ISBN:

This book is one of the many Islamic publications distributed by Ahlulbayt Organization throughout the world in different languages with the aim of conveying the message of Islam to the people of the world.You may read this book carefully and should you be interested to have further study on such publications you can contact us through www.shia.es Naturally, if we find you to be a keen and energetic reader we shall give you a deserving response in sending you some other publications of this Organization.