Twenty per cent of all the people in the world live under Islamic law. Going beyond steroetypes of rigid doctrine punishment the author explores the connections between everyday social life and contemporary Muslim ideas of justice and reason. Islamic law is thus seen as a kind of common law system closely attached to the cultural history of its adherents.

The world is facing a great dilemma due to despicable, inhumane and barbaric acts of terrorism, indiscriminate killings, warfare, anarchy, disorder and suicide bombings over the past two decades. It is not only destroying the peace of any specific region, group or country but has become a major threat to world peace. Young People and Students living in various western countries who do not have conceptual clarity regarding Islam are wronglyconsidering terrorism and indiscriminate killing to be Jihad and are being drawn towards it.A further disturbing issue with regards to this is that the terrorists declare their evil goals to be part of the Islamic concept of Jihad. Furthermore they speak of enforcing the Islamic Shariah according to their extremist and terrorist ideology. They call for the re-establishment of the Caliphate as part of their ideology; and they use the Islamic terminologies and concepts of Fiqh (Islamic Jurisprudence) to legally justify their claims. By quoting the Qur'an, hadith and texts from the books of Islamic Law out of context, they influence common Muslims who are not acquainted with the true teachings of Islam, especially youngsters.There is a need to provide authentic, comprehensive material against extremism to all people, from every walk of life, according to their needs, so that the conceptual and ideological confusions which may lead to terrorismcan be eliminated. The Islamic Curriculum on Peace and Counter-Terrorism was prepared for this purpose. This curriculum has 3 parts and aims to provide resources from the Holy Qur'an, Hadith and authoritative books to provide a comprehensive ideological and theological background to all the key areas that are utilised to brainwash youngsters.The Islamic Curriculum on Peace and Counter-Terrorism has been compiled under the supervision and guidance of Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri - who is the author of the Fatwa on Terrorism and Suicide Bombings.

This book focuses on dealing with questions and concerns regarding long-term and sustainable peaceful relations between Muslims and non-Muslims, in both Muslim majority countries and also western countries where Muslims live as minorities.The book is divided into two sections. The first section discusses individual and community relations, providing ample evidences for very important aspects in this regard. Muslims in their treatment of non-Muslims, bas a rule, are to ensure that all non-Muslims are secure in their lives and in their belongings.The book further illustrates how Muslims are to treat non-Muslims with piety and excellent social morality, and not as second class citizens or inferior beings.The second section of the book discusses the categories of abodes, making this work one of geopolitical relevance. Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri provides evidences and nuanced interpretations of the concepts "The Abode of Islam, The Abode of Reconciliation, The Abode of Treaty, The Abode of Peace, and The Abode of War." Clear definitions of these categories are offered, along with how different countries can and cannot be classified in each of these categories.This book presents a high standard of Islamic scholarship for Muslims and non-Muslims alike. Members of diverse communities may benefit by comparing their own viewpoints, perspectives, understandings, and opinions with this important work of an authentic scholarly standard.

The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates and analyses the intersection of social, political, economic and cultural contexts in which state actors have turned to Islamic law for legal solutions. Taking a thematic approach, the Research Handbook assesses the application of Islamic law across six key areas: family law and courts; property and business; criminal law and justice; ethics, health and sciences; arts and education; and community and public spheres. Through examination of these themes in over 20 jurisdictions, the Research Handbook serves to demonstrate that Islamic law is adaptable depending on the values of Muslim societies across different times and places. In addition, the Research Handbook highlights how Islamic law has engaged with contemporary issues, looking beyond what is set out in the Qur'an and the Hadith, to examine how Islamic law is applied in societies today. Researchers and scholars with an interest in Islamic law, or the relationship between law and society more generally will find this Research Handbook to be an engaging text. The in-depth analysis, spanning sectors and jurisdictions, will offer new insights and inspire future research. Contributors include: M. Ali, M.F.A. Alsubaie, A. Begum, A. Black, R. Burgess, M. Corbett, K.M. Eadie, H. Esmaeili, N. Hammado, N. Hosen, N. Hussin, A.A. Jamal, M.A.H. Khutani, F. Kutty, N.Y.K. Lahpan, A.O.A. Mesrat, R. Mohr, S.M. Solaiman, H.H.A. Tajuddin, M. Zawawi

Through the analysis of Al-Shaybani?'s most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani?'s work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani?'s work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani?'s writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani?'s writing in a modern context. This book will be a useful and unique resource for scholars in the field of international Islamic law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, ?just war?, international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.

Muslim Personal Law in South Africa: Evolution and Future Status, the first South African book on the topic of Muslim personal law, introduces readers to the debate on the awarding of unique rights to specific communities. The recognition of Muslim personal law or Muslim family law has provoked debate within and beyond the Muslim community and has attracted the attention of religious scholars, academics and lawyers. The contributors to this volume touch on constitutional issues, concerns with the application of Muslim personal law by our courts, and the conflict between supporters and opponents of the draft Bill on Muslim Marriages. The non-recognition of Muslim marriages has compelled Muslim women who have suffered the dire consequences of divorce, maintenance and custody to approach the courts for relief. If Muslim personal law were to be recognised by the state, to what extent would it protect the rights of women? Will recent judgments establish precedents that might prove to be at odds with the draft Bill? This book provides fascinating insight into the evolution and prospects of Muslim personal law in South Africa.

The English version of the introduction to the historic fatwa on terrorism and suicide bombings. This 88-page includes answers to various questions which radicals ask about suicide bombing and jihad, hijacking of foreign diplomats and explains why it is not jihad. The fatwa on terrorism highlights and discusses various issues including suicide bombing, terrorism, jihad, dar ul islam, dar ul harb.

Armed non-state actors (ANSAs) often have economic aims that international law needs to respond to. This book looks at the aim of Islamic State to create an effective government, with an economically independent regime, which focused on key oilfields in Syria and Iraq. Having addressed Islamic State's quest for energy resources in Iraq and Syria, the book explores the lawfulness of the war with Islamic State from a variety of legal aspects. It has been attempted to make inroads into the most controversial aspects of contradictions in the application of jus ad bellum and jus in bello, particularly when discussing the use of extraterritorial armed force against ANSAs, and the obligation to protect civilian objects, including the natural environment. The question is whether the targeting of energy resources should be regarded as a violation of the laws of armed conflict, even though the war with Islamic State being classified as a non-international armed conflict. Ambitious in scope, the study argues that legal theory and state practice are still problematic as to how and under what conditions states can justify resorting to military force in foreign territory, and to what extent they can target natural resources as being part of state property. Furthermore, it goes on to examine the differences between international and non-international armed conflicts, to establish whether there is any difference in the targeting of energy resources as part of the war-sustaining capabilities of either party. Through an examination of the Islamic State case, the book offers a comprehensive study to close the gaps in jus in bello by contextualising the questions of civilian protection, victimisation and state responsibility by evaluating the US's war-sustaining theory as a justification for the destruction of a territorial state's natural resources that are occupied by ANSAs.

Islamic finance distinguishes itself from conventional finance with its strong emphasis on the moral consequences of financial transactions; prohibiting interest, excessive uncertainty, and finance of harmful business. When it comes to risk mitigation, it is unique in its risk sharing approach. This authoritative book tracks the evolution of the takaful industry over the course of the last four decades and makes a major attempt to highlight the importance of risk sharing through a discussion of various models of cooperation and critical analysis of their performance, including illuminating case studies and a critical assessment of the Islamic insurance model and the role of alternate financing mechanisms. Its high level discourse on shari'ah compliance and its nuances places emphasis on the importance of solidarity, cooperation, mutuality and reciprocity. Scholars and practitioners working in Islamic Finance will appreciate the context and nuance of this important book, and it will be essential reading for anyone interested in alternative forms of shari'ah compliant cooperative finance. The book is equally vital for academics and researchers interested in understanding various takaful models and their shari'ah considerations. Contributors include: A. Abozaid, A.U.F. Ahmad, A. Akhtar, S.N. Ali, H. Allam, M. Ayub, M. Al Bashir Al Amine, A. Bhatty, J.W. Bradford, S.E.B. Carmody, M.A. El-Gamal, M. Faisal, M.F. Haq, I. Bin Mahbob, A. Nana, V. Nienhaus, S. Nisar, U.A. Oseni, M. Rahman, A. Rehman, M.A. Samad, B. Shafiq, H. Sultan, A.-R. Syed, T.A. Uddin

According to many Islamic jurists, the world is divided between dar al-Islam (the abode of Islam) and dar al-harb (the abode of war). This dual division of the world has led to a great amount of juridical discussion concerning what makes a territory part of dar al-Islam, what the status of Muslims living outside of this is, and whether they are obliged to obey Islamic jurisprudence. Susanne Olsson examines the differing understandings of dar al-Islam and dar al-harb, as well as related concepts, such as jihad and takfir. She thereby is able to explore how these concepts have been utilised, transformed and negotiated throughout history. As the subject of Muslims living in Europe is such a topical and sometimes controversial one, this book will appeal to researchers of modern Islam as integral to the Western experience.

This book invokes the Tawhidi ontological foundation of the Qur'anic law and worldview, and is also a study of ta'wil, the esoteric meaning of Qur'anic verses. It presents a comparative analysis between the Tawhidi methodology and the contemporary subject of Shari'ah. Masudul Alam Choudhury brings about a serious criticism of the traditional understanding of Shari'ah as Islamic law contrary to the holistic socio-scientific worldview of the unity of knowledge arising from Tawhid as the law. A bold repudiation of the Islamic traditional understanding and the school of theocracy, Choudhury's critique is in full consonance with the Qur'an and Sunnah. It is critical of the sectarian (madhab) conception of relational independence of facts. Thus the non-creative outlook of Shari'ah contrasts with universality and uniqueness of Tawhid as the analytically established law explaining the monotheistic organic unity of being and becoming in 'everything'. This wide and strict methodological development of the Tawhidi worldview is articulated in this work. The only way that Tawhid and Shari'ah can converge as law is in terms of developing the Tawhidi methodology, purpose and objective of the universal and unique law in consonance with the ontology of Tawhid. Such a convergence in the primal ontological sense of Tawhid is termed as maqasid as-shari'ah al-Tawhid.

The twenty-first century has been significantly shaped by the growing importance of religion in international politics resulting in rising polarization among nation states. This new dynamic has presented new challenges to international human rights principles. This book deals with some of these new challenges, particularly the growing demand by Muslim states for protection of Islamic religion from blasphemy and defamation. Member states of the Organization of Islamic Cooperation (OIC), through resolutions at the United Nations, made efforts to introduce laws that globally protect Islamic religion from blasphemy and defamation. The bid by OIC member states faced opposition from Western countries. The conflicting claims of the two sides are discussed in this book. The book clearly shows the impact of blasphemy and defamation of religion laws on certain aspects of fundamental human rights principles.

This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Farabi. While such authors sought to put law in its place relative to the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazali and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians.

The increasingly transnational nature of terrorist activities compels the international community to strengthen the legal framework in which counter-terrorism activities should occur at every level, including that of intergovernmental organizations. This unique, timely, and carefully researched monograph examines one such important yet generally under-researched and poorly understood intergovernmental organization, the Organization of Islamic Cooperation ('OIC', formerly the Organization of the Islamic Conference). In particular, it analyses in depth its institutional counter-terrorism law-making practice, and the relationship between resultant OIC law and comparable UN norms in furtherance of UN Global Counter-Terrorism Stategy goals. Furthermore, it explores two common (mis)assumptions regarding the OIC, namely whether its internal institutional weaknesses mean that its law-making practice is inconsequential at the intergovernmental level; and whether its self-declared Islamic objectives and nature are irrelevant to its institutional practice or are instead reflected within OIC law. Where significant normative tensions are discerned between OIC law and UN law, the monograph explores not only whether these may be explicable, at least in part, by the OIC's Islamic nature, and objectives, but also whether their corresponding institutional legal orders are conflicting or cooperative in nature, and the resultant implications of these findings for international counter-terrorism law- and policy-making. This monograph is expected to appeal especially to national and intergovernmental counter-terrorism practitioners and policy-makers, as well as to scholars concerned with the interaction between international and Islamic law norms. From the Foreword by Professor Ben Saul, The University of Sydney Dr Samuels book must be commended as an original and insightful contribution to international legal scholarship on the OIC, Islamic law, international law, and counter-terrorism. It fills significant gaps in legal knowledge about the vast investment of international and regional effort that has gone into the global counter-terrorism enterprise over many decades, and which accelerated markedly after 9/11. The scope of the book is ambitious, its subject matter is complex, and its sources are many and diverse. Dr Samuel has deployed an appropriate theoretical and empirical methodology, harnessed an intricate knowledge of the field, and brought a balanced judgement to bear, to bring these issues to life.

Islamic commercial and financial practice has not experienced the trial-and-error style of development that has characterized the development of the common law in the English-speaking world. Many of the principles, rules and practices prevalent in the Islamic law of contract, commerce, finance and property remain the same as those outlined by the Quran and the Prophet Muhammad, and expounded by scholars of jurisprudence as far back as the 13th century, despite the advancement in time and sophistication of commercial interaction. Hanaan Balala here demonstrates how, in order to bridge the gap between the principles outlined by the Quran and the Prophet in the 7th century and commercial practice in the 21st century, Islamic finance jurisdictions need to open themselves to learning from the experience (including the mistakes) of the English common law. "Islamic Finance and Law: Theory and Practice in a Globalized World" provides an analysis of the fundamental principles underlying the Islamic law of contract and commercial practice in comparison with their equivalents in common law in the English-speaking world. It seeks to draw parallels (and differences where appropriate) to facilitate the growth and development of Islamic commercial and financial law globally.

Introducing undergraduate students to Islamic law, this accessible textbook does not presume legal or technical knowledge. Drawing on a comparative approach, it encourages students to think through the issues of the application of Islamic law where Muslims live as a majority and where they live as a minority, including the USA, Saudia Arabia, Egypt, Pakistan. The book surveys the historical development as well as the contemporary contexts of Islamic law. In distilling the history of Islamic law for non-specialists, the author covers important topics such as the development and transformation of Islamic institutions before and after colonialism. Coverage of Islamic law across contemporary contexts draws on real case material, and allows for discussion of Islam as a legal and a moral code that is activated both inside and outside the court. Readers will learn about rituals, dietary restrictions, family, contracts and property, lawful and unlawful gain, criminal law and punishments, and what makes a government legitimate in the eyes of Muslim individuals and authorities.

The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

The current rise of Islamism throughout the Muslim world, Islamists' demand for the establishment of Islamic states, and their destabilizing impact on regional and global orders have raised important questions about the origins of Islamism and the nature of an Islamic state. Beginning with the Iranian revolution of the late 1970s and the establishment of the Islamic Republic to today's rise of ISIS to prominence, it has become increasingly apparent that Islamism is a major global force in the twenty-first century that demands acknowledgment and answers. As a highly-integrated belief system, the Islamic worldview rejects secularism and accounts for a prominent role for religion in the politics and laws of Muslim societies. Islam is primarily a legal framework that covers all aspects of Muslims' individual and communal lives. In this sense, the Islamic state is a logical instrument for managing Muslim societies. Even moderate Muslims who genuinely, but not necessarily vociferously, challenge the extremists' strategies are not dismissive of the political role of Islam and the viability of an Islamic state. However, sectarian and scholastic schisms within Islam that date back to the prophet's demise do undermine any possibility of consensus about the legal, institutional, and policy parameters of the Islamic state. Within its Shi'a sectarian limitations, this book attempts to offer some answers to questions about the nature of the Islamic state. Nearly four decades of experience with the Islamic Republic of Iran offers us some insights into such a state's accomplishments, potentials, and challenges. While the Islamic worldview offers a general framework for governance, this framework is in dire need of modification to be applicable to modern societies. As Iranians have learned, in the realm of practical politics, transcending the restrictive precepts of Islam is the most viable strategy for building a functional Islamic state. Indeed, Islam does provide both doctrinal and practical instruments for transcending these restrictions. This pursuit of pragmatism could potentially offer impressive strategies for governance as long as sectarian, scholastic, and autocratic proclivities of authorities do not derail the rights of the public and their demand for an orderly management of their societies.

This survey of Islamic law combines Western and Islamic views and describes the relationship between the original theories of Islamic law and the views of contemporary Islamic writers. Covering the key topics in the area, including the history, sources and formation of Islamic law, the legal mechanisms, and the contemporary context, it is strong in its coverage of the modern perspective, which distinguishes this book from other texts in the field. The aim is to provide the student with a basic understanding of Islamic law and access to the complexity of the Islamic legal system. The language used is non-technical and understanding is aided with a supplementary detailed glossary and analytical indices.