Encountering Islamic Law PDF Download

Author: John Strawson
Publisher:
ISBN:
Category :
Languages : en
Pages : 23

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Author: Kathleen Moore
Publisher: Oxford University Press
ISBN: 0199741840
Category : Religion
Languages : en
Pages : 208

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Book Description
Today there are more Muslims living in diaspora than at any time in history. This situation was not envisioned by Islamic law, which makes no provision for permanent as opposed to transient diasporic communities. Western Muslims are therefore faced with the necessity of developing an Islamic law for Muslim communities living in non-Muslim societies. In this book, Kathleen Moore explores the development of new forms of Islamic law and legal reasoning in the US and Great Britain, as well the Muslims encountering Anglo-American common law and its unfamiliar commitments to pluralism and participation, and to gender, family, and identity. The underlying context is the aftermath of 9/11 and 7/7, the two attacks that arguably recast the way the West views Muslims and Islam. Islamic jurisprudence, Moore notes, contains a number of references to various 'abodes' and a number of interpretations of how Muslims should conduct themselves within those worlds. These include the dar al harb (house of war), dar al kufr (house of unbelievers), and dar al salam (house of peace). How Islamic law interprets these determines the debates that take shape in and around Islamic legality in these spaces. Moore's analysis emphasizes the multiplicities of law, the tensions between secularism and religiosity. She is the first to offer a close examination of the emergence of a contingent legal consciousness shaped by the exceptional circumstances of being Muslim in the U.S and Britain in the 1990s and the first decade of the 21st century

Author: Anver Emon
Publisher: Simon and Schuster
ISBN: 1780748817
Category : Religion
Languages : en
Pages : 304

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By pairing a scholar of Islamic law with a scholar of Jewish law, a unique dynamic is created, and new perspectives are made possible. These new perspectives not only enable an understanding of the other’s legal tradition, but most saliently, they offer new insights into one’s own legal tradition, shedding light on what had previously been assumed to be outside the scope of analytic vision. In the course of this volume, scholars come together to examine such issues as judicial authority, the legal policing of female sexuality, and the status of those who stand outside one’s own tradition. Whether for the pursuit of advanced scholarship, pedagogic innovation in the classroom, or simply a greater appreciation of how to live in a multi-faith, post-secular world, these encounters are richly-stimulating, demonstrating how legal tradition can be used as a common site for developing discussions and opening up diverse approaches to questions about law, politics, and community. Islamic and Jewish Legal Reasoning offers a truly incisive model for considering the good, the right and the legal in our societies today.

Author: Yvonne Yazbeck Haddad
Publisher: Rowman Altamira
ISBN: 9780759106710
Category : Law
Languages : en
Pages : 278

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Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!

Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
Category : Law
Languages : en
Pages : 360

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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: Knut S. Vikør
Publisher: Oxford University Press, USA
ISBN: 9780195223972
Category : Law
Languages : en
Pages : 412

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The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.

Author: Yew-Foong Hui
Publisher: Institute of Southeast Asian Studies
ISBN: 9814379921
Category : Religion
Languages : en
Pages : 413

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This volume seeks to introduce and deepen the understanding of Islam and its role in politics as encountered in different national and transnational contexts in Southeast Asia, eschewing the neo-orientalist approach that has informed public discourse in recent years. In Encountering Islam, the book lingers beyond the summary moment and reflects on the multiple impressions, suppressions and repressions, whether coherent or incoherent, associated with Islam as a socio-political force in public life. To this end, it is not adequate simply to represent the divergent identities associated with Islam in Southeast Asia, whether embedded in state-endorsed orthodoxy or Islamic movements that contest such orthodoxy. It is also important to examine religious minorities in political contexts where Islam is dominant and Muslim communities in national contexts where they are minorities. By situating these religious identities within their larger socio-political contexts, this volume seeks to provide a more holistic understanding of what is encountered as Islam in Southeast Asia.

Author: Rumee Ahmed
Publisher: Encountering Traditions
ISBN: 9781503605701
Category : Law
Languages : en
Pages : 0

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This book covers the ins and outs of Islamic legal change and provides readers with step-by-step instructions for shaping the future of Islamic law.

Author: Sami A. Aldeeb Abu-Sahlieh
Publisher: Createspace Independent Pub
ISBN: 9781481289467
Category : Religion
Languages : en
Pages : 460

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Book Description
Islamist movements in the Arab and Muslim countries are demanding for the total implementation of Islamic law as a component of their faith. Muslim minorities in the West also have increasing demands aiming at adapting the laws of the host countries to their religious demands. However, this leads to many problems, particularly due to Muslim norms which are contrary to human rights. In order to understand these claims and the problems they bring about, one must comprehend the Principles (al-usul). Without such knowledge, any dialogue between the Muslims and the non-Muslims would end up in an impasse and in incomprehension. This work is principally based on the courses taught in different faculties of law and Islamic law in Arab countries. We complemented them with the writings of Muslims outside the institutional framework. The work concludes with an analytical juridical table of the Koran. The author Sami A. Aldeeb Abu-Sahlieh. Christian of Palestinian origin. Swiss citizen. Doctor in law. Habilitated to direct researches. Professor of universities (CNU-France). In charge of Arab and Islamic Law at the Swiss Institute of Comparative Law (1980-2009). Visiting professor in different French, Italian and Swiss universities. Director of the Centre of Arab and Islamic Law. Author of many books, including translations of the Koran into French, English and Italian.

Author: Glenn L. Roberts
Publisher: Universal-Publishers
ISBN: 1581123477
Category : Law
Languages : en
Pages : 128

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Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women's rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of "Islamic human rights" that compete with and seek to displace "Western human rights." Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an "American customary-law-of-human-rights school" have responded with a new militant doctrine of "instant customary law" to aid the U.S. in its "war on terror," targeting the Sharia wherever encountered, and risking a global "war on Islam."