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Author: Mashood A. Baderin Publisher: Oxford University Press, USA ISBN: 0199665591 Category : Islamic law Languages : en Pages : 177
Book Description
Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Author: Alexander David Russell Publisher: Routledge ISBN: 1135029660 Category : Religion Languages : en Pages : 278
Book Description
This volume, orginally published in 1925, outlines the historical development of the Muslim law of inheritance in pre-Islamic Law. It discusses the ranking of heirs and guardians, reforms introduced by Muhammad, subsequent development of the law, and rise of the orthodox schools.
Author: Hamid Khan Publisher: Oxford University Press, USA ISBN: 9780195473360 Category : Law Languages : en Pages : 0
Book Description
Based on original sources, this book includes the historical and theological bases of the of the Islamic law of succession developed by the Muslim schools of jurisprudence. The author makes a comparative study between theSunni and Shia laws of inheritance and focuses on problems being faced by Muslims due to the strict application of traditional Islamic law in their contemporary situations. This book is an essential component of the course on'Muslim Personal Law' for LLB students and the course on 'Islamic Law' for LLM students.
Author: Sohail S. Hussaini Publisher: Outskirts Press ISBN: 9781432782115 Category : Law Languages : en Pages : 118
Book Description
Inheritance: The Laws of Inheritance in Islam As you read the book and understand the distribution of inheritance in Islam you will be impressed with the fairness and in-depth nature of the laws. It is a gift of wisdom for the mankind from non-other than our great creator, Allah. He prepares the world before we are born, then provides for us as we live, and then picks up after we have played. He gives more than we can use, yet furthermore, He tells us how to distribute and turn over His bounty to our successors. The laws are given to judge ourselves and others in this world but if we don't then the same laws will be used to judge us before Him in the hereafter. His laws are very clear and easy to understand. However, like any other truth, at times they are very cut and dry. It is hard to accept them. In our competitive spirit, we may feel we can do better than this. When we try to make our own laws we end up with nothing but error. Arguments and debates only delay the deliverance of justice. The logic of trial and error always ends in error! The laws of inheritance in Islam are described with respect to women and children. Distribution to near and extended relatives is illustrated. A system of relative distance and eligibility is established. Near relatives are given priority. Men and women both have specified shares. In the book, we have collected the related information for determining rightful inheritance in a family. We focused on the actual code rather than other arguments. Basic references are given to establish the authority of the code. We refrained from comparative analysis with other national or religious codes but to state what it is we had to say what it is not. We showed some common practices acceptable in modern cultures but they have no Islamic standing. May Allah(SWT) guide you with the best of knowledge. Ameen! Sohail S. Hussaini
Author: Masooda Bano Publisher: Cambridge University Press ISBN: 1107188830 Category : Education Languages : en Pages : 265
Book Description
This book challenges the assumptions of creative agency and the role of Islamic education movements for women across the wider Muslim world.
Author: Authenticate Ulama's Organization Publisher: Createspace Independent Publishing Platform ISBN: 9781539624592 Category : Languages : en Pages : 96
Book Description
When a person dies, his ownership of his property ends, and is to be given to his heirs. It is Allah's Ta'ala favour upon us that He has not made the disposal of that wealth as charity necessary, but rather, He in His wisdom knows that the death of any person is a great loss to their relatives and an even greater loss to their dependents who relied upon them for provision. That said, Allah Ta'ala also knew that Man has greed. And it is this greed that causes brother to hate brother and sister, and to usurp the rights of the less persuasive. For this reason, Allah has fixed, very clearly in the Qur'an, the allotted shares of the relatives of the deceased. This has been further mapped out in the Ahadith by the Prophet of Allah Ta'ala so as to leave no scope of doubt or leeway for argument in who gets what. Everyone will get their share: No more, no less. This prevents the greedy from getting more than their share and it stops the undefended from receiving less than their allotment. In Islam the concept of the wealth only going to the first born son is seen as oppressive. Islam has also distinguished the different levels of dependency of the closer relatives and has stipulated amounts varying in quantity in different circumstances. The factors that lessen one relative's share is the presence of another relative, who also has a considerable relationship with the deceased. There are times when an allotment may seem unfair, these will also be explained. For example, of two inheriting brothers, one may be financially well off whereas the other is poor. This will not mean that the poorer brother will get everything or more than the richer brother. This is because inheritance is not charity and is given on account of the strength of the relationship not on account of who is more needy. Both brothers in this aspect are equal, and will thus receive an equal share. This book only deals with the financial side of the events around death. For an in-depth look at the rites of passage of the burial please refer to our publication, "What to do when a Muslim Dies".
Author: Adnan Trakic Publisher: Springer Nature ISBN: 9813361875 Category : Law Languages : en Pages : 158
Book Description
This book examines the challenges of the implementation of Islamic law in Malaysia. Malaysia is a pertinent jurisdiction to explore such challenges given its global focus, colonial history and institutions, and the intersection of the Shari’ah and secularism/multiculturalism. The resultant implementation challenges are underpinned by three factors that make Malaysia an important jurisdiction for those interested in understanding the place of Islamic law in the global context. First, Malaysia is often considered as a model Islamic country. Islamic law is a source of law in Malaysia. The Islamic law legal system in Malaysia operates in parallel with a common law legal system. The two systems of law generally are in harmony with one another. Nevertheless, occasional cross-jurisdictional issues do arise, and when they do, the Malaysian judiciary has been quite efficient in solving them. The Malaysian experience in maintaining such harmony between the two legal systems provides lessons for a number of countries facing such challenges. Second, Malaysia has a developed Shari’ah court system that interprets and applies Islamic law predominantly based on the Shafi’i school of thought. While, for the most part, the approach has been successful, there have been times when the implementation of the law has raised concerns as to the compatibility of Islamic law with modern principles of human rights and common law-based values. Third, there have been cases where Islamic law implementation in Malaysia has gained global attention due to the potential for wider international implications. To do justice to this complex area, the book calls on scholars and practitioners who have the necessary expertise in Islamic law and its implementation. As such, this book provides lessons and direction for other countries that operate a dual system of secular and Islamic laws.
Author: Sohail S. Hussaini Publisher: Outskirts Press ISBN: 9781432709549 Category : Religion Languages : ar Pages : 156
Book Description
As you read the book and understand the distribution of inheritance in Islam you will be impressed with the fairness and in-depth nature of Islamic laws. It is a gift of wisdom for the mankind from non-other than our great Creator, Allah. He prepares the world before we are born, then provides for us as we live, and then picks up after we have played. He gives more than we can use, yet furthermore, He tells us how to distribute what is left-over to our successors. Certainly, He will recreate us one more time and judge us for what we did with our lives, how we finished at the end, and what we left behind for the following generations. These laws are given to judge ourselves and others in this World but if we don't then the same laws will be used to judge us before Him in the Hereafter. In the book, we have collected related information for determining the rightful inheritance for individuals in a family. We focused on the actual code rather than support arguments and justification. However, to establish the authority of the code we have given all the basic references to Quran and traditions of the Prophet (SAS). Though we refrained from presenting any comparative analysis with other national or religious codes, at times it became necessary because in order to describe what it is we had to say what it is not. We described some common practices that are acceptable in modern cultures but have no Islamic standing. May Allah (SWT) guide you with the best of knowledge. Ameen!
Author: N. J. Coulson Publisher: Cambridge University Press ISBN: 9780521088077 Category : Social Science Languages : en Pages : 0
Book Description
Muslim law and rules for dealing with the distribution of a dead person's property differ greatly from western law. The system of Muslim law, the SharVa, is derived from the Qur'an and the words of the Prophet himself, and is therefore believed to be of divine inspiration, and not man-made. A variety of schools of law have grown up which interpret the Prophet's sayings, and the practical effect of these different rules of interpretation varies considerably. Recent codifications have not necessarily remained within the classical Muslim legal traditions, and have introduced further differences. With western law it is assumed that a man will make a will, and, broadly speaking, his property will be distributed in accordance with its provisions. It is only in the event of a man dying without making a will that the rules of intestacy are applied. Muslim law makes the opposite assumption.