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Author: Emine Enise Yakar Publisher: Routledge ISBN: 1000456374 Category : Law Languages : en Pages : 312
Book Description
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: Emine Enise Yakar Publisher: Routledge ISBN: 1000456374 Category : Law Languages : en Pages : 312
Book Description
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: David Eisenberg Publisher: OUP Oxford ISBN: 0191630896 Category : Law Languages : en Pages : 470
Book Description
This work is a practical and commercial guide to the fundamental principles of Islamic finance and their application to Islamic finance transactions. Islamic finance is a rapidly expanding, global industry and this book is designed to provide a practical treatment of the subject. It includes discussion and analysis of the negotiation and structure involved in Islamic finance transactions, with relevant case studies, structure diagrams and precedent material supporting the commentary throughout. An introductory section describes the theoretical background and explains the principles (and their sources) of Islamic law which underpin Islamic finance practices, providing an important backdrop to the work as a whole. The work also considers the role of Shariah supervisory boards, Islamic financial institutions and the relevance of accounting approaches. The work adopts an international perspective to reflect the pan-global nature of the industry and accepted practices, with the aim to bring together different schools of thought applied in international Islamic finance transactions. It also highlights any regional differences in accepted practice by reviewing the position in the Gulf states, Asia, the UK and Europe and the USA. The second part of the book concentrates on Islamic financial law in practice and begins with a section on financial techniques. This section explains the basic requirements for Islamic finance contracts both in terms of the underlying asset types and also both the applicability and acceptability of the underlying asset. There is a full discussion of the various types of contractual models such as Mudaraba (trustee finance), Musharaka (partnership or joint venture), Murabaha (sale of goods), and Sukuk (participation securities: coupons etc). The nascent area of Takaful (insurance) is also covered as are matters specific to the important field of project and asset finance.
Author: Mashood A. Baderin Publisher: Routledge ISBN: 1351925938 Category : Religion Languages : en Pages : 387
Book Description
Islamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.
Author: Iza R. Hussin Publisher: University of Chicago Press ISBN: 022632348X Category : Law Languages : en Pages : 360
Book Description
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: MashoodA. Baderin Publisher: Routledge ISBN: 1351562320 Category : Law Languages : en Pages : 669
Book Description
The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.
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: Mawil Izzi Dien Publisher: ISBN: 9780748614592 Category : Islamic law Languages : en Pages : 178
Book Description
This survey of Islamic Law combines Western and Islamic views and describes the relationship between the original theories of Islamic law and the views of contemporary Islamic writers. Covering the key topics in the area - including the history, sources and formation of Islamic Law, the legal mechanisms, and the contemporary context - it is strong in its coverage of the modern perspective, which particularly marks this book out from other texts in this field. The aim is to provide the student with a background understanding of Islamic Law and access to the complexity of the Islamic legal system. The language used is non-technical and understanding is aided with a supplementary detailed glossary and analytical indices.Selling Points *Author is a well-known scholar who is a lawyer by original profession and who has taught Islamic Law for 22 years: ideally placed to write an introductory survey of the field.*No prior knowledge assumed*Uses non-technical language*Includes a glossary of key terms
Author: Noel Coulson Publisher: Edinburgh University Press ISBN: 0748696490 Category : Law Languages : en Pages : 280
Book Description
The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.
Author: Mahmood Kooria Publisher: Routledge ISBN: 1000435350 Category : Social Science Languages : en Pages : 197
Book Description
This book explores the ways in which Muslim communities across the Indian Ocean world produced and shaped Islamic law and its texts, ideas and practices in their local, regional, imperial, national and transregional contexts. With a focus on the production and transmission of Islamic law in the Indian Ocean, the chapters in this book draw from and add to recent discourses on the legal histories and anthropologies of the Indian Ocean rim as well as to the conversations on global Islamic circulations. By doing so, this book argues for the importance of Islamic legal thoughts and practices of the so-called "peripheries" to the core and kernel of Islamic traditions and the urgency of addressing their long-existing role in the making of the historical and human experience of the religion. Islamic law was and is not merely brought to, but also produced in the Indian Ocean world through constant and critical engagements. The book takes a long-term and transregional perspective for a better understanding of the ways in which the oceanic Muslims have historically developed their religious, juridical and intellectual traditions and continue to shape their lives within the frameworks of their religion. Transregional and transdisciplinary in its approach, this book will be of interest to scholars of Islamic Studies, Indian Ocean Studies, Legal History and Legal Anthropology, Area Studies of South and Southeast Asia and East Africa.
Author: Emine Enise Yakar
Author: Emine Enise Yakar
Author: David Eisenberg
Author: Mashood A. Baderin
Author: Iza R. Hussin
Author: MashoodA. Baderin
Author: Rudolph Peters
Author: Ahmed Fekry Ibrahim
Author: Mawil Izzi Dien
Author: Noel Coulson
Author: Mahmood Kooria