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Modern Challenges to Islamic Law

Modern Challenges to Islamic Law PDF Author: Shaheen Sardar Ali
Publisher: Cambridge University Press
ISBN: 1107033381
Category : Law
Languages : en
Pages : 320

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Book Description
This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.

Modern Challenges to Islamic Law

Modern Challenges to Islamic Law PDF Author: Shaheen Sardar Ali
Publisher: Cambridge University Press
ISBN: 1107033381
Category : Law
Languages : en
Pages : 320

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Book Description
This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.

MODERN CHALLENGES AND THE GENERAL PHILOSOPHY OF ISLAMIC LAW.

MODERN CHALLENGES AND THE GENERAL PHILOSOPHY OF ISLAMIC LAW. PDF Author: DR SULAIMAN. RIFAI
Publisher:
ISBN: 9781912821259
Category :
Languages : en
Pages :

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Islamic Law and the Challenges of Modernity

Islamic Law and the Challenges of Modernity PDF Author: Yvonne Yazbeck Haddad
Publisher: Rowman Altamira
ISBN: 9780759106710
Category : Law
Languages : en
Pages : 264

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Book Description
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!

Shari'a Law and the Modern Nation-state

Shari'a Law and the Modern Nation-state PDF Author: Norani Othman
Publisher:
ISBN:
Category : Islam
Languages : en
Pages : 160

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Book Description
The arguments presented and the issues raised in this book demand serious consideration from a readership of thinking Muslims who in equal measure value their religious heritage and recognise the need to shape intelligently a sustainable future for its inheritors. left solely to those conventionally recognised as religiously learned, or to any special section of the umma. Rather, it is the common task of all within the worldwide umma if contemporary Muslims are to find ways of effectively addressing the challenges of today and tomorrow. and understandings of Islamic law (including the hudud punishments) that date back to the early centuries of Islamic civilisation, the need to foster an enlightened and contemporary understanding of enduring Qur'anic imperatives is both necessary and urgent. prove a significant contribution to the emergence of such an approach: one that is both authentically grounded in the Qur'anic worldview and at the same time based upon a discerning appreciation of the challenges of ever advancing modernity, upon which today's Muslims cannot, and should not, turn their backs. evolution of Islamic law and a noted international Islamic human rights lawyer, provide the point of departure for the contributors to this book. mandatory, must as a matter of religious faith and obligation be implemented in our own times is unhistorical and unsustainable. Dr. An-Na'im argues All projects aiming at the modern implementation and enforcement of such formulations of shari'a, whatever understanding or misunderstandings their proponents may have of their own motivations, are therefore simply human projects lacking all divine sanction. towards clarifying an urgent and contentious question in contemporary Malaysia. Yet the implications of its arguments reach far beyond Malaysia's borders to the entire Muslim world.

The Objectives of Islamic Law

The Objectives of Islamic Law PDF Author: Idris Nassery
Publisher: Lexington Books
ISBN: 1498549942
Category : Religion
Languages : en
Pages : 332

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Book Description
Scholars, thinkers, and activists around the world are paying increasing attention to a legal reform method that promises to revolutionize the way people think about Islamic law. Known as “The Objectives of the Sharī‘a” (maqāṣid al-sharī‘a), the theory offers a way to derive and apply new Islamic laws using an ancient methodology. The theory identifies core objectives that underlie Islamic law, and then looks at inherited Islamic laws to see whether they meet those objectives. According to the maqāṣid theory, historical Islamic laws that meet their objectives should be retained, and those that do not—no matter how entrenched in practice or embedded in texts—should be discarded or reformed. Recently, several scholars have questioned the maqāṣid theory, arguing that it is designed not to reform laws, but to support existing power structures. They warn that adopting the maqāṣid wholesale would set the reform project back, ensuring that inherited Islamic laws are never fully reformed to agree with contemporary values like gender-egalitarianism and universal human rights. The Objectives of Islamic Law: The Promises and Challenges of the Maqāṣid al-Sharī‘a captures the ongoing debate between proponents and skeptics of the maqāṣid theory. It raises some of the most important issues in Islamic legal debates today, and lays out visions for the future of Islamic law.

Islamic Law in Malaysia

Islamic Law in Malaysia PDF Author: Adnan Trakic
Publisher: Springer
ISBN: 9789813361898
Category : Law
Languages : en
Pages : 151

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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.

Islam & Europe

Islam & Europe PDF Author: Marie-Claire Foblets
Publisher: Universitaire Pers Leuven
ISBN: 9058677397
Category : Political Science
Languages : en
Pages : 248

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Book Description
Within the framework of the Forum A. & A Leysen, several experts from in and outside the Muslim world contributed to this book. In Islam and Europe: Crises Are Challenges they discuss how dialogues between Islam and the West, with a focus on Europe, can be achieved. The various authors (legal scholars, political theorists, social scientists, and psychologists) explore in these collected essays such interrelated questions as: How much diversity is permissible within a liberal pluralistic democratic society? How strong are the implications of citizenship? What are equitable accommodations of contested practices? They argue for an adequate understanding of how Western Muslim communities in Europe experience their minority position and what needs to be done to improve their participation in European society. The second part of this Volume is a collection of papers written around the work of Abdullahi Ahmed An-Naim, Who also makes his own contribution to the book. The Catholic University of Leuven awarded An-Naim an honorary doctorate in 2009 on the theme of multiculturalism, intercultural relations and diversity. An-Naim is recognized the world over as a leading expert in the area of religion and law, and as a human rights activist. Islam and Europe: Crises Are Challenges reinforces our sense that a better knowledge and awareness of the growing diversity of our society, and striving for harmonious relations between Islam and the West, are among the most important challenges of our time.

Policing Muslim Communities

Policing Muslim Communities PDF Author: Farrukh B. Hakeem
Publisher: Springer Science & Business Media
ISBN: 1461435528
Category : Social Science
Languages : en
Pages : 146

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Book Description
In the past two decades, Muslim countries across the globe have been faced with a crisis in governance. Starting with a summary of Islamic Law (Sharia) and its implications for law enforcement, this book will highlight the unique needs and challenges of law enforcement, and particularly policing, in these communities. It will provide a scholarly exposition of Sharia law and how it is compatible (or not) with policing in a modern context. The role and contribution of Sharia Law towards conceptualizing law enforcement in a modern context is certainly worth looking forward to, especially understanding its co-existence with civil law in countries with minority Muslim communities. Featuring case studies from throughout the Muslim world, this volume will highlight key qualities of Sharia law and Muslim culture that play a role in law enforcement, including: case processing, community policing, police administration, human rights, and the influence of globalization. Taking a comprehensive approach, this work provides a historical context for colonization events in Muslim countries and their influence on current law enforcement systems, as well as providing key insights into the particular norms that make up the bases for Muslim societies, and their unique needs. Looking into the future, it provides guidelines for how community policing can play a proactive role in law enforcement and crime prevention.

Islamic Family Law in Europe and Islamic World: Current Situation and Challenges

Islamic Family Law in Europe and Islamic World: Current Situation and Challenges PDF Author: Mouez Khalfaoui
Publisher: Carl Grossmann Verlag
ISBN: 3941159496
Category : Law
Languages : en
Pages : 162

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Book Description
The essays presented in this special issue of the Electronic Journal of Islamic and Middle Eastern Law (EJIMEL) offer sustained consideration of issues arising from the interaction between the Islamic family laws being lived in Europe and the Muslim world. They discuss in different ways the dynamics of Muslim matrimonial laws as they are debated and developing in thought and practice both in the Muslim-majority and European states. Furthermore, they examine the challenges in Islamic family law faced by all sides and the solutions to these challenges that are at our disposal. The authors are drawn from a range of disciplines including law, Islamic studies, theology, social anthropology, and other social sciences.

The Ashgate Research Companion to Islamic Law

The Ashgate Research Companion to Islamic Law PDF Author: Peri Bearman
Publisher: Routledge
ISBN: 1317043065
Category : Religion
Languages : en
Pages : 360

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Book Description
This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.