Islamic law is applied in differing degrees by many countries across the world and especially in the Middle East. This title offers a resource to academics and researchers with a specific interest in Islamic law and to scholars whose main focus is Anglo-American contract law but who are interested in comparative law/theory.
Provides an introduction to Islamic law for western readers. This title explains the origin and development of the Shariah (Islamic law). It contains chapters on the Islamic laws of War and Peace, including juristic opinions on the legality of suicide bombing and the use of modern weapons of mass destruction.
This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to the central figures in the Islamic natural law tradition and their canonical works, analyses the historical development of Islamic jurisprudence and explains the major contrasts with Western traditions of natural law.
Looks at judicial decision-making, legal responses (fatwas), customary practices, the actions of public inspectors, cultural contexts, and theological discourses as well as modern legal reform and constitutional development. This book offers an account of how Islamic law works in practice in the social life of the contemporary world.
Islamic law (the Shari'a) and its application is a central issue in contemporary Islamic politics and culture. Starting from modern concerns, this book examines the origins and evolution of the Shari'a and the corpus of texts, concepts and practices in which it has been enshrined.
Almost 1400 years after the Prophet Muhammad first articulated God's law - the sharia - its earthly interpreters are still arguing over what it means. Hardliners reduce it to amputations, veiling, holy war and stonings. Others say that it is humanity's only guarantee of a just society. This title sets out to see who is right.
Using data ranging from the courts of North Africa to the treatment of Islam in American courts, from the Prophet's sociological jurisprudence to the analysis of Islamic concepts of responsibility and trust these essays demonstrate the appeal of Islamic law in the lives of everyday adherents.
This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).
Addresses the issue of truth in law, within the context of Muslim societies. The truth, in legal terms, is the version of 'what happened', which carries most authority. This book looks at how this narrative is constructed in Muslim societies, and which truths are privileged over others in constructing it.
Islam is an all inclusive way of life which covers the intellectual and the real, the theoretical and the practical. The major part of the Islamic code of practice and behavior is formalized in the discipline of Islamic law which established itself as a discipline before other Islamic disciplines.
The Reconciliation of the Fundamentals of Islamic Law is an innovation in Islamic jurisprudence for it was for the first time that the objectives of shari'a were addressed, as they are in this book. The book is an authority in understanding the objectives of the
More than a billion Muslims have many aspects of their lives controlled by the Shari'a. This text documents the scope and manner of application of Islamic Family Law worldwide. It provides strong factual foundations for any strategic legal reforms made necessary by changing social conditions.
This review of the ethics of the Islamic legal system suggests that misinterpretation by authoritarian readings result in the repression of Muslim women. Using both religious and secular sources, the author proposes a new approach that returns to the original spirit of the Muslim legal system.
Marriage in Islamic law is a civil contract, not a sacrament. This volume collects papers from many disciplines examining the Muslim marriage contract. It covers doctrines as to marriage contracts; historical instances; comparisons with Jewish and canon law; contemporary legal and social practice; and, projects of activists for women worldwide.
Present day realities of Islamic family law are explored in this volume, with the focus on the rights of women. It draws on three case studies - Egypt, the West Bank and Gaza and the US - which illustrate the different social environments in which Moslem communities live.
This collection of essays is the first book to focus on the place of Islamic law (Shari'a) in the West. Bringing together contributors from a wide range of countries, faiths and academic disciplines, the book offers a valuable overview of the current controversy surrounding the possible recognition of Shari'a in Western legal systems.
Examining Shari'ah Law, this book discusses topics ranging from juristic disagreement to independent reasoning. It covers the principle of legality and the role and place of Shari'ah-oriented policy. It questions whether Islam is as much of a law-based religion as it has often been made out to be.