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See below for a selection of the latest books from Islamic law category. Presented with a red border are the Islamic law books that have been lovingly read and reviewed by the experts at Lovereading. With expert reading recommendations made by people with a passion for books and some unique features Lovereading will help you find great Islamic law books and those from many more genres to read that will keep you inspired and entertained. And it's all free!
In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative period of Islamic law, jurists have debated whether it is acceptable for a law to be selected based on its utility, rather than weighing conflicting articulations of the law to determine the most likely expression of the divine will. Virtually unanimous opposition to the utilitarian approach, referred to as pragmatic eclecticism, emerged among early Islamic jurists. However, due to a host of changing institutional and socioeconomic transformations, a trend toward the legitimization of pragmatic eclecticism arose in the thirteenth century. Subsequently, the Mamluk authorities institutionalized this pragmatism when Sultan Baybars appointed four chief judges representing the four Sunni schools in Cairo in 1265 CE. After a brief attempt to reverse Mamluk pluralism by imposing the Hanafi school in the sixteenth century, Egypt's new rulers, the Ottomans, embraced this pluralistic pragmatism. In examining over a thousand cases from three seventeenth- and eighteenth-century Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism under the Ottomans. An array of archival sources documents the manner in which Egyptian society's subaltern classes navigated Sunni legal pluralism as a tool to avoid more austere legal doctrines. The ensuing portrait challenges the assumption made by many modern historians that the utilitarian approaches adopted by nineteenth- and twentieth-century Muslim reformers constituted a clear rupture with early Islamic legal history. In contrast, many of the legal strategies exercised in Egypt's partial codification of family law in the twentieth century were rooted in premodern Islamic jurisprudence.
After the fall of President Soeharto, there have been heightened attempts by certain groups of Muslims to have sharia (Islamic law) implemented by the state. Even though this burning issue is not new, it has further divided Indonesian Muslims. The introduction of Islamic law would also affect the future of multi-cultural and multi-religious Indonesia. So far, however, the introduction of sharia nationwide has been opposed by the majority of Indonesian Muslims. This book gives an overview of sharia from post-Independence in 1945 to the most recent developments in Indonesia at the start of the new millennium.
This book is a contribution to the nascent discourse on global health and biomedical research ethics involving Muslim populations and Islamic contexts. It presents a rich sociological account about the ways in which debates and questions involving Islam within the biomedical research context are negotiated - a perspective which is currently lacking within the broader bioethics literature. The book tackles some key understudied areas including: role of faith in moral deliberations within biomedical research ethics, the moral anxiety and frustration experienced by researchers when having to negotiate multiple moral sources and how the marginalisation of women, the prejudice and abuse faced by groups such as sex workers and those from the LGBT community are encountered and negotiated in such contexts. The volume provides a valuable resource for researchers and scholars in this area by providing a systematic review of ethical guidelines and a rich case-based account of the ethical issues emerging in biomedical research in contexts where Islam and the religious moral commitments of Muslims are pertinent. The book will be essential for those conducting research in low and middle income countries that have significant Muslim populations and for those in Muslim-minority settings. It will also appeal to researchers and scholars in religious studies, social sciences, philosophy, anthropology and theology, as well as the fields of biomedical ethics, Islamic ethics and global health..
Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
Pre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or 'custody', and caring for the child's education, discipline, and property, known as 'guardianship'. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother's marital status, and the custodian's lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.
This book examines the intersection between contemporary International Commercial Arbitration and Shari'a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari'a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari'a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the 'Shari'a Standards' developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
Offering a detailed analysis of the structure of authority in Islamic law, this book focuses on the figure of Yahya b. Sharaf al-Nawawi, who is regarded as the chief contributor to the legal tradition known as the Shafi'i madhhab in traditional Muslim sources, named after Muhammad b. Idris al-Shafi'i (d. 204/820), the supposed founder of the school of law. Al-Nawawi's legal authority is situated in a context where Muslims demanded to stabilize legal disposition that is consistent with the authority of the madhhab, since in premodern Islamic society, the ruling powers did not produce or promulgate law, as was the case in other, monarchic civilizations. Al-Nawawi's place in the long-term formation of the madhhab is significant for many reasons but for one in particular: his effort in reconciling the two major interpretive communities among the Shafi'ites, i.e., the tariqas of the Iraqians and Khurasanians. This book revisits the history of the Shafi'i school in the pre-Nawawic era and explores its later development in the post-Nawawic period. Presenting a comprehensive picture of the structure of authority in Islamic law, specifically within the Shafi'ite legal tradition, this book is an essential resource for students and scholars of Islamic Studies, History and Law.
This Nutshell discusses the manner in which Islamic law is applied and adjudicated in modern states. This includes the enactment of legislation derived from Islamic law, the drafting of contracts to comply with Islamic law, and the adjudication of Islamic law disputes in courts in Muslim and non-Muslim majority nations, including the United States. Subject areas include family law, inheritance law, Islamic finance, criminal law, constitutional law, and Islamic law.
Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.
In the first two decades of the twenty-first century, the events of 9/11, 7/7, the War on Terror and the Caliphate and atrocities of the so-called Islamic State have dominated Western consciousness and wreaked havoc in parts of the Muslim-majority world. In their wake, a spate of books has been written explaining the phenomenon of Islamist radicalisation and Jihadism. Nevertheless, for normal citizens, as well as scholars of religion and legal professionals, the crucial question remains unanswered: how is mainstream Islam different from both Islamism and the Islamist Extremism that is used to justify terrorist violence? In this highly original book, which draws upon the author's experience as an expert witness in Islamic theology in 27 counter-terrorism trials, the author uses the idea of the Worldview, as well as traditional Islamic theology, to answer this question. The book explains not only what Mainstream Islam, Ideological Islamism and Islamist Extremism are in their broad philosophical characteristics and theological particulars, but also explains comprehensively how and why they are both superficially related and yet essentially and fundamentally different. In so doing, the book also illuminates the cast of characters and the development of their ideas that constitute Mainstream Islam, Ideological Islamism and the Non-Violent and Violent Islamist Extremists who constitute the Genealogy of Terror.
This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.