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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: 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: Lawrence Rosen Publisher: University of Chicago Press ISBN: 022651174X Category : Law Languages : en Pages : 293
Book Description
In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.
Author: Yaser Ali Publisher: ISBN: 9781641053266 Category : Distribution of decedents' estates (Islamic law) Languages : en Pages : 304
Book Description
Meeting the muslim client -- Ethical, legal, and public policy issues -- Estate planning during life -- Planning for incapacity and death; powers of attorney, advance healthcare directives and funeral arrangements -- Disposition of property at death -- New drafting testamentary documents -- Planning for individuals and assets abroad
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: 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.
Author: Al-Jibaly Publisher: El-Farouq.Org ISBN: 9781643542041 Category : Languages : en Pages : 146
Book Description
Writing a will is a religious obligation on every capable person. It protects against many problems and conflicts that could arise after a person's death. This obligation is more emphasized in the West: Failing to write a well-founded will may result in the distribution of one's estate in discord with God, and may lead to losses for some of the rightful inheritors. Because of this, we have compiled: 1) Useful authentic information on writing wills, 2) Practical ready-to-fill will-forms, and 3) A brief overview of the Islamic law of inheritane.
Author: Elizabeth Lhost Publisher: UNC Press Books ISBN: 1469668130 Category : History Languages : en Pages : 377
Book Description
Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But qazis and muftis, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state's authority over personal law and rejected legal codification by embracing flexibility and possibility. With postcards, letters, and telegrams, they made everyday Islamic law vibrant and resilient and challenged the hegemony of the Anglo-Indian legal system. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost rejects narratives of stagnation and decline to show how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change. The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond.
Author: Emilia Justyna Powell Publisher: Oxford University Press, USA ISBN: 0190064633 Category : Law Languages : en Pages : 329
Book Description
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Author: Mashood A. Baderin
Author: Mashood A. Baderin
Author: Sir Abdur Rahim
Author: Lawrence Rosen
Author: Yaser Ali
Author: Authenticate Ulama's Organization
Author: N. J. Coulson
Author: Al-Jibaly
Author: Elizabeth Lhost
Author: Asaf Ali Asghar forme avant 2007 Fyzee
Author: Emilia Justyna Powell