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 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.

The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamicist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.

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.

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.

How can Muslims be both good citizens of liberal democracies and good Muslims? This is among the most pressing questions of our time, particularly in contemporary Europe. Some argue that Muslims have no tradition of separation of church and state and therefore can't participate in secular, pluralist society. At the other extreme, some Muslims argue that it is the duty of all believers to resist Western forms of government and to impose Islamic law. Andrew F. March is seeking to find a middle way between these poles. Is there, he asks, a tradition that is both consistent with orthodox Sunni Islam that is also compatible with modern liberal democracy? He begins with Rawls's theory that liberal societies rely for stability on an ''overlapping consensus'' between a public conception of justice and popular religious doctrines and asks what kinds of demands liberal societies place on citizens, and particularly on Muslims. March then offers a thorough examination of Islamic sources and current trends in Islamic thought to see whether there can indeed be a consensus. March finds that the answer is an emphatic ''yes.'' He demonstrates that there are very strong and authentically Islamic arguments for accepting the demands of citizenship in a liberal democracy, many of them found even in medieval works of Islamic jurisprudence. In fact, he shows, it is precisely the fact that Rawlsian political liberalism makes no claims to metaphysical truth that makes it appealing to Muslims.

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.

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.

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.

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.

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.

The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterized by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalize some of the essential principles that underlie Muslim teachings and jurisprudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.

It is the first study which comprehensively, systematically and critically examines the role and usefulness of the concept of Maqasid al-Shari'a (higher Objectives of Islamic Law) in contemporary Muslim reformist thought in relation to number of specific issues pertaining to Islamic legal philosophy, law, ethics and the socio-political sphere.

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). It is argued that custom ("urf" and "adah") was one of the important tools that the jurists used to accommodate change and to adjust the rulings of shariah to the ever changing conditions in particular social and historical contexts. The book presents a diachronic study of the development of the concept of custom (and the different terms that have been associated with it) in the Islamic legal tradition.

Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law - codified and adapted by modern nation-states - that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a ground-breaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women's rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women's groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights.