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Author: Salman Khurshid Publisher: Oxford University Press ISBN: 0199093253 Category : Law Languages : en Pages : 242
Book Description
Triple talaq, or talaq-e-bidat, is one of the most debated issues in the Muslim world. From antiquity, the Muslim faith has been plagued by the portrayal of Muslim men regularly misusing this perceived “right” to divorce their wives instantly by simply uttering “talaq” thrice. The Supreme Court of India, in the landmark judgment of Shayara Bano v. Union of India, has taken the step to declare this form of talaq unconstitutional and to strike down its practice. In Triple Talaq: Examining Faith, Salman Khurshid, who intervened to offer the court an amicus brief in the “Triple Talaq case”, offers a straightforward yet comprehensive overview of this complicated issue. Explaining the reasons behind the court’s decision, he dives deep into other aspects of this practice: why it is wrong; why it has thrived; what was the judicial history of this issue; what the Quran and Muslim religious leaders say about it; and what the comparative practices in other countries are. A handy guide to this landmark decision and what it means for Muslims in India, this book is written not just for the theologian, but also for the common reader.
Author: Salman Khurshid Publisher: Oxford University Press ISBN: 0199093253 Category : Law Languages : en Pages : 242
Book Description
Triple talaq, or talaq-e-bidat, is one of the most debated issues in the Muslim world. From antiquity, the Muslim faith has been plagued by the portrayal of Muslim men regularly misusing this perceived “right” to divorce their wives instantly by simply uttering “talaq” thrice. The Supreme Court of India, in the landmark judgment of Shayara Bano v. Union of India, has taken the step to declare this form of talaq unconstitutional and to strike down its practice. In Triple Talaq: Examining Faith, Salman Khurshid, who intervened to offer the court an amicus brief in the “Triple Talaq case”, offers a straightforward yet comprehensive overview of this complicated issue. Explaining the reasons behind the court’s decision, he dives deep into other aspects of this practice: why it is wrong; why it has thrived; what was the judicial history of this issue; what the Quran and Muslim religious leaders say about it; and what the comparative practices in other countries are. A handy guide to this landmark decision and what it means for Muslims in India, this book is written not just for the theologian, but also for the common reader.
Author: MashoodA. Baderin Publisher: Routledge ISBN: 1351561944 Category : Law Languages : en Pages : 694
Book Description
Islamic substantive law, otherwise called branches of the law (furu al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process ofcultivation (istithmar), whereby the qualified jurist (mujtahid), as thecultivator uses relevant rules of legal theory to harvest the substantive law on specific issues in form offruits (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.
Author: Erin E. Stiles Publisher: Rutgers University Press ISBN: 1978829086 Category : Religion Languages : en Pages : 237
Book Description
Islamic Divorce in the 21st Century shows the wide range of Muslim experiences in marital disputes and in seeking Islamic divorces. For Muslims, having the ability to divorce in accordance with Islamic law is of paramount importance. However, Muslim experiences of divorce practice differ tremendously. The chapters in this volume discuss Islamic divorce from West Africa to Southeast Asia, and each story explores aspects of the everyday realities of disputing and divorcing Muslim couples face in the twenty-first century. The book’s cross-cultural and comparative look at Islamic divorce indicates that Muslim divorces are impacted by global religious discourses on Islamic authority, authenticity, and gender; by global patterns of and approaches to secularity; and by global economic inequalities and attendant patterns of urbanization and migration. Studying divorce as a mode of Islamic law in practice shows us that the Islamic legal tradition is flexible, malleable, and context-dependent.
Author: Asgharali Engineer Publisher: Sterling Publishers Pvt. Ltd ISBN: 9781932705423 Category : Religion Languages : en Pages : 256
Book Description
Reinterprets divine injunctions from the Quran and traditional practices in Islam in light of the fundamental Islamic values of justice and equality on women's status. This work presents sociopolitical values and medieval social ethos as the origins of repressive practices, discussing controversial issues such as polygamy, and family planning.
Author: Lena Salaymeh Publisher: Cambridge University Press ISBN: 1107133025 Category : History Languages : en Pages : 257
Book Description
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: Maaike Voorhoeve Publisher: I.B. Tauris ISBN: 9781784536268 Category : Religion Languages : en Pages : 256
Book Description
In both the West and throughout the Muslim world, Islamic family law is a highly and hotly debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul') to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics and Society in the Middle East and North Africa."
Author: Mona Hassan Publisher: Princeton University Press ISBN: 0691183376 Category : Religion Languages : en Pages : 408
Book Description
In the United States and Europe, the word "caliphate" has conjured historically romantic and increasingly pernicious associations. Yet the caliphate's significance in Islamic history and Muslim culture remains poorly understood. This book explores the myriad meanings of the caliphate for Muslims around the world through the analytical lens of two key moments of loss in the thirteenth and twentieth centuries. Through extensive primary-source research, Mona Hassan explores the rich constellation of interpretations created by religious scholars, historians, musicians, statesmen, poets, and intellectuals. Hassan fills a scholarly gap regarding Muslim reactions to the destruction of the Abbasid caliphate in Baghdad in 1258 and challenges the notion that the Mongol onslaught signaled an end to the critical engagement of Muslim jurists and intellectuals with the idea of an Islamic caliphate. She also situates Muslim responses to the dramatic abolition of the Ottoman caliphate in 1924 as part of a longer trajectory of transregional cultural memory, revealing commonalities and differences in how modern Muslims have creatively interpreted and reinterpreted their heritage. Hassan examines how poignant memories of the lost caliphate have been evoked in Muslim culture, law, and politics, similar to the losses and repercussions experienced by other religious communities, including the destruction of the Second Temple for Jews and the fall of Rome for Christians. A global history, Longing for the Lost Caliphate delves into why the caliphate has been so important to Muslims in vastly different eras and places.
Author: Ahmed Fekry Ibrahim Publisher: Cambridge University Press ISBN: 1108470564 Category : History Languages : en Pages : 281
Book Description
A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.
Author: Anver M. Emon Publisher: Oxford University Press ISBN: 0191668257 Category : Law Languages : en Pages : 1009
Book Description
This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.
Author: Shaheen Sardar Ali Publisher: Cambridge University Press ISBN: 1316727777 Category : Law Languages : en Pages : 329
Book Description
The diversity of interpretation within Islamic legal traditions can be challenging for those working within this field of study. Using a distinctly contextual approach, this book addresses such challenges by combining theoretical perspectives on Islamic law with insight into how local understandings impact on the application of law in Muslim daily life. Engaging with topics as diverse as Islamic constitutionalism, Islamic finance, human rights and internet fatawa, Shaheen Sardar Ali provides an invaluable resource for scholars, students and practitioners alike by exploring exactly what constitutes Islamic law in the contemporary world. Useful examples, case studies, a glossary of terms and the author's personal reflections accompany traditional academic critique, and together offer the reader a unique and discerning discussion of Islamic law in practice.
Author: Salman Khurshid
Author: Salman Khurshid
Author: MashoodA. Baderin
Author: Erin E. Stiles
Author: Asgharali Engineer
Author: Lena Salaymeh
Author: Maaike Voorhoeve
Author: Mona Hassan
Author: Ahmed Fekry Ibrahim
Author: Anver M. Emon
Author: Shaheen Sardar Ali