This is an exploration of the discourse and performance, since the 1980s, of an influential Sunni Islamic scholarly and political movement in Saudi Arabia. The text shows how reformism is deeply rooted in Islamic tradition and how Sunni scholars have become acivists for change in Saudi Arabia.

The Hanbali School of Law and Ibn Taymiyyah provides a valuable account of the development of Hanbalite jurisprudence, placing the theoretical and conceptual parameters of this tradition within the grasp of the interested reader.Studying the vibrant yet controversial interaction between Ibn Taymiyyah and the Hanbali School of law, this book assesses to what extent this relationship was a conflict or reconciliation. The author takes a detailed exploration of the following issues: the strength of contributions made to this School by earlier paragons associated with Ahmad Ibn Hanbal the contextual constructs which shaped the tradition's development the methodology and literature synonyms within the classical School the manner by which Ibn Taymiyyah engaged with the Hanbali tradition the impact of his thought upon the later expression of the School's legal doctrines and its theoretical principles the contribution made by this School in general to the synthesis of Islamic law. Giving background material to the Hanbali School of law, this book is a vital reference work for those with interests in Islamic law, the history of the Hanbalite tradition and its principle luminaries.

Lex Petrolea and International Investment Law: Law and Practice in the Persian Gulf offers readers a detailed analysis of jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors. Dr Nima Mersadi Tabari considers the historical, political, and socio-economic roots of the existing frameworks and levels of protection offered to foreign investors. With particular focus on petroleum-related disputes, he initially delivers a comprehensive survey of the jurisprudence of international investment law and investment treaty arbitration. Following on from this, in three dedicated chapters, the author provides in-depth analysis of the legal regimes governing the matter in the major producers of the region: Saudi Arabia, Iraq, and Iran. A key resource for all professionals working on legal issues arising from foreign direct investments in natural resources, this book draws a detailed picture of the legal regime governing the upstream sector in the most important geographical region for the international oil and gas sector.

This book deals with two different pragmatic approaches to textual communication: (i) the mainstream approach followed by the 'Ash'ari s, Hanafi s and Mu'tazili s, (ii) the salafite approach followed mainly by the Hanbali s, defended and elaborated by Ibn Taymiyyah. One of the primary aims of the book is to explore and formulate several Muslim legal theorists' pragmatic theories, communicative principles and linguistic views, construct them in the form of models and set them within a general uniform framework. Another aim is to reveal a corpus of information and data which, though highly relevant to modern pragmatics, is still unknown. This study, which can be seen as an extensive introduction to 'medieval Islamic pragmatics', is the first attempt to examine the approaches followed by the Salafi s or the mainstream from a pragmatic viewpoint. There has been no attempt to explain the principles and the strategies utilised by the medieval Sunni Muslim legal theorists in their account of how communication works and how successful interpretation is achieved. Of course, a lot of work has been done on different Islamic sects and their different positions over the interpretation of the Quran and Sunnah, but these studies fall short of delving into the underlying communicative principles that motivate their differences over interpretation. The author's formulation of the Muslim legal theorists' views is enhanced by setting up a reliable theoretical foundation and by delving into their underlying philosophical principles. This involves relating the legal theorists' insights into interpretation and communication to their relevant ontological, epistemological and theological outlooks, and comparing these insights with their modern pragmatic counterparts.

For centuries Mawlid al-Nabi (The blessed birth of Prophet Muhammad, peace be upon him) has been celebrated across the Muslim world in a multitude of ways according to local or regional custom. Many view it as a communal expression of gratitude and joy at the birth of the blessed Prophet and Messenger of Allah (saw); while others bring into question its validity, regarding the practice as an innovation. And yet others negate its importance, with concerns about over-extravagance and unnecessary expense.
This work by eminent scholar and recognised authority on Islam, Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri is a study of the permissibility of celebrating the Mawlid. In his characteristically methodical approach Dr Tahir-ul-Qadri meticulously examines references from the Quran, Hadith and opinions of early scholars to address fundamental questions pertaining to the celebration of the Mawlid: Is it a sinful deviation? Did the Prophet (saw) or companions celebrate it? Or is it permissible or even necessary manifestation of love and respect for the Holy Prophet (saw)? In a remarkably thorough and comprehensive analysis without precedent, the author examines the subject through every conceivable angle in making his case.

This timely Encyclopedia is a much-needed thorough reference on Islamic insurance policy and the ways in which this can be modelled to cohere with Shari'ah law. The authors explore the ways in which Islamic insurance can be halal, contradicting the widely held belief that insurance policies are not appropriate or moral, utilizing evidence from both the Qu'ran and top Islamic scholars to do so. The book explores Takaful, an insurance paradigm that is in accordance with Islamic principles and suits the needs of modern Islamic economies and communities. It examines the practices, principles, framework and importance of the notion of Takaful, using evidence from the Qu'ran and Islamic teachings to support this. Chapters examine how Takaful is different to conventional insurance models that are not permissible under Shari'ah law, contradicting misconceptions about the possibility of an insurance policy that is achievable within Islamic communities. The book further explores the room for cooperation between Takaful services and Islamic banking, offering insight into how this can be improved in the future. A valuable asset for Islamic insurance and Islamic economics scholars, this timely book offers a thorough analysis of Takaful, Retakaful and Islamic insurance in our modern world. It will also be a useful read for those practising Takaful to ensure that their advice coheres with Shari'ah law.

In the post-9/11 environment, the figure of the Muslim woman is at the forefront of global politics. Her representation is often articulated within a rights discourse owing much to liberal-secular sensibilities-notions of freedom, equality, rational thinking, individualism, and modernization. Muslim Women's Rights explores how these liberal-secular sensibilities inform, shape, and foreclose public discussion on questions of Islam and gender. The book draws on postcolonial, antiracist, and transnational feminist studies in order to analyze public and legal debates surrounding proposed shari'ah tribunals in Canada. It examines the cultural and epistemological suppositions underlying common assumptions about Islamic laws; explores how these assumptions are informed by the Western progress narrative and women's rights debates; and asks what forms of politics these enable and foreclose. The book assesses the influence of secularism on the ontology, epistemology, and ethics afforded to Islam in the West, and begins to trace possibilities by which Islamic family law might be productively addressed on its own terms. Muslim Women's Rights is a significant contribution to the fields of both Islam and gender and the critical study of secularism.

Islamic finance's phenomenal growth owes to the Shariah compliant nature of its financial instruments. Shariah forbids the charging of interest (Riba) and instead promulgates risk-sharing and trade-based modes of financing. The Islamic financial industry has been subject to both critique and admiration. Critics argue that Islamic instruments (bearing debt-based structures) differ from their conventional counterparts only in legal lexicon and not in economic impact. The admirers argue that such instruments, irrespective of wider economic implications, rigorously comply with 'juristically sound' Islamic principles. This book aims to reconcile the above dispute. It argues that the financial impact of instruments is a consequence of the way they are priced and structured. The similarity in pricing and structures is an outcome not of the underlying Islamic financial modes but of the competitive environment in which Islamic instruments compete. Even risk-sharing and trade-based Islamic structures, if implemented in such an environment, would have a financial impact similar to that of conventional instruments. This book has a wider appeal for both academic and non-academic audiences. It can complement undergraduate and graduate courses as an additional reading on the intricacies of Islamic financial instruments and markets. For PhD students, it would help identify future research areas. To non-academics, it offers a deeper understanding regarding the working of the Islamic finance industry.

Numerous movements for reform and change are discussed in the book, which reflect the contemporary debate in the Sudan over the position of Shari'a in society.

Islam is a growing presence practically everywhere in Europe. In Italy, however, Islam has met a unique model of state neutrality, religious freedom and church and state collaboration. This book gives a detailed description of the legal treatment of Muslims in Italy, contrasting it with other European states and jurisprudence, and with wider global tendencies that characterize the treatment of Islam. Through focusing on a series of case studies, the author argues that the relationship between church and state in Italy, and more broadly in Europe, should be reconsidered both to secure religious freedom and general welfare. Working on the concepts of religious freedom, state neutrality, and relationship between church and state, Andrea Pin develops a theoretical framework that combines the state level with the supranational level in the form of the European Convention of Human Rights, which ultimately shapes a unitary but flexible understanding of pluralism. This approach should better accommodate not just Muslims' needs, but religious needs in general in Italy and elsewhere.

This book examines the interrelationship between law, culture, patriarchy and religion in the context of contemporary Bangladesh. It explores the role of Islam in society and politics generally, and its influence on gender equality in particular. The work focuses on the situation of married women. Taking a socio-legal approach, it analyses the changing nature of the dowry practice and its relation to women's increasing paid labour force activity. Despite anti-dowry legislation, it is argued here that the dowry system continues in the form of the appropriation of wives' income. The work calls for legal recognition of this action and the amendment of the Dowry Prohibition Act 1980 as a result of the changing social realities that are taking place in the lives of Bangladeshi women. An Islamic approach is applied to equality between men and women in addressing and analysing these issues. The book includes international comparisons on gender equality and discusses the role of the Convention on the Elimination of All Forms of Descrimination Against Women (CEDAW), as well as the dowry system in South Asia. The book will be of interest to academics and researchers working in the areas of law and religion, gender studies and international development.

This edited volume analyses the concepts of territory as conceived of and developed in Islamic history. In legal terms the world is divided into two parts, the "dar al-Islam" governed by the Islamic "shari'a" and the "dar al-harb" which is beyond the border of "dar al-Islam." The work explores the central question of what the concepts of territory and border were like for those Muslims who were driven by their will to expand the "dar al-Islam," those who experienced vicissitudes in the course of history, or who were inspired with mystical feelings.

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.

Written by leading experts in their field, this is the first comprehensive single volume analysis of Islam and public policy in the English language and offers further understanding of Islam and its wider social and political implications. It examines how Sharia law affects public policy both theoretically and in practice, across a wide range of public policy areas, including human rights and family law. The process by which public policy is decided through elections, debates, political processes, and political discourse - has an additional dimension in the Islamic world. This is because Shari'a (divine law) has a great deal to say on many mundane matters of everyday life and must be taken into account in matters of public policy. "This pioneering volume goes beyond formalistic analysis of Islamic states and standard discourses of public policy to underscore the actual significance and limitations of the influence of Islamist normative and legalist discourses on key areas of public policy in the Muslim world." Jomo K. S., editor of Islamic Economic Alternatives

This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the "shari'a" courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times.

Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the "shari'a" courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in "shari'a" courts, followed by social analyses and a study of the attitudes and approaches of the "qadis, " or Muslim religious judges. Layish examines the relationship between "shari'a" and Israeli legislation: Do "shari'a" courts have regard to the provisions of Israeli law? What is the relationship between "shari'a" and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the "qadis, " toward Israeli legislation?

"Women and Islamic Law in a Non-Muslim State" is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.

The Hanbali School of Law and Ibn Taymiyyah provides a valuable account of the development of Hanbalite jurisprudence, placing the theoretical and conceptual parameters of this tradition within the grasp of the interested reader.Studying the vibrant yet controversial interaction between Ibn Taymiyyah and the Hanbali School of law, this book assesses to what extent this relationship was a conflict or reconciliation. The author takes a detailed exploration of the following issues: the strength of contributions made to this School by earlier paragons associated with Ahmad Ibn Hanbal the contextual constructs which shaped the tradition's development the methodology and literature synonyms within the classical School the manner by which Ibn Taymiyyah engaged with the Hanbali tradition the impact of his thought upon the later expression of the School's legal doctrines and its theoretical principles the contribution made by this School in general to the synthesis of Islamic law. Giving background material to the Hanbali School of law, this book is a vital reference work for those with interests in Islamic law, the history of the Hanbalite tradition and its principle luminaries.

A Muslim Reformist in Communist Yugoslavia examines the Islamic modernist thought of Husein Dozo, a prominent Balkan scholar. Born at a time when the external challenges to the Muslim world were many, and its internal problems both complex and overwhelming, Dozo made it his goal to reinterpret the teachings of the Qur'an and hadith (prophetic tradition) to a generation for whom the truths and realities of Islam had fallen into disuse. As a Muslim scholar who lived and worked in a European, communist, multi-cultural and multi-religious society, Husein Dozo and his work present us with a particularly exciting account through which to examine the innovative interpretations of Islam. For example, through a critical analysis of Dozo's most significant fatwas and other relevant materials, this book examines the extent of the inherent flexibility of the Islamic law and its ability to respond to Muslim interests in different socio-political conditions. Since Dozo's writings in general and his fatwas in particular have continued to be published in the Balkan lands up to the present, this monograph should help shed some light on certain assumptions underlying modern Islamic thought and consciousness found in the region.

Today there are more Muslims living in diaspora than at any time in history. This situation was not envisioned by Islamic law, which makes no provision for permanent as opposed to transient diasporic communities. Western Muslims are therefore faced with the necessity of developing an Islamic law for Muslim communities living in non-Muslim societies. In this book, Kathleen Moore explores the development of new forms of Islamic law and legal reasoning in the US and Great Britain, as well the Muslims encountering Anglo-American common law and its unfamiliar commitments to pluralism and participation, and to gender, family, and identity. The underlying context is the aftermath of 9/11 and 7/7, the two attacks that arguably recast the way the West views Muslims and Islam. Islamic jurisprudence, Moore notes, contains a number of references to various 'abodes' and a number of interpretations of how Muslims should conduct themselves within those worlds. These include the dar al harb (house of war), dar al kufr (house of unbelievers), and dar al salam (house of peace). How Islamic law interprets these determines the debates that take shape in and around Islamic legality in these spaces. Moore's analysis emphasizes the multiplicities of law, the tensions between secularism and religiosity. She is the first to offer a close examination of the emergence of a contingent legal consciousness shaped by the exceptional circumstances of being Muslim in the U.S and Britain in the 1990s and the first decade of the 21st century

Islamic law has traditionally prohibited women from being prayer leaders and heads of state. A small number of Muslims today are beginning to challenge this stance, but they face considerable opposition from the broader Muslim community. 'Women and Leadership in Islamic Law' examines the assumption within much existing feminist scholarship that the patriarchal nature of pre-Islamic and early Muslim Near Eastern Society is the primary reason for the development of Islamic legal rulings prohibiting women from leadership positions. It claims that the evolution of Islamic law was a complex process, shaped by numerous cultural, historical, political and social factors, as well as scriptural sources whose importance cannot be dismissed. Therefore, the book critically examines a broad survey of legal works from the four canonical Sunni schools of law to determine the factors that influenced the development of the legal rulings prohibiting women from assuming various leadership roles. The passages that elaborate rulings about women's leadership are presented in translation as an appendix to the research, and are then subjected to a variety of critical analyses to identify the reasons, influences, and assumptions underlying those rulings. This is the first time works of all four schools of law have been subjected to this kind of analysis for the express purpose of determining the extent to which gender attitudes have influenced and determined the rulings. This book will therefore be a vital resource for students and scholars of Islamic Studies, Religious Studies and Gender Studies.

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 book is a comprehensive analysis of the major intellectual positions in the philosophical debate on Islamic law that is occuring in contemporary Iran. In light of the relationship between global modernity and the religion of Islam, the purpose is to analyze to what extent these positions and their understanding of questions of epistemology, methodology and hermeneutics are engendered by the cognitive and ontological structures of modernity. Among the pivotal figures who are considered in this respect are primarily Abdullah Jawadi-Amuli (traditionalism), Muhammad Mujtahid-Shabistari (modernism) and Abd al-Karim Surush (postmodernism), but other individuals who belong to the intellectual elite of Iran are also included.

Series Information:
Culture and Civilization in the Middle East

One of the primary aims of the book is to explore and formulate several Muslim legal theorists' pragmatic theories, communicative principles and linguistic views, construct them in the form of models and set them within a general uniform framework.

Questions the accepted classical Muslim view and current revisionist western view on the development of Islamic law. The first study in English to deal with the early development of the Maliki school of jurisprudence, and to demonstrate the methods used, linguistic and otherwise, in interpreting the Qu'ran.