The present volume-the first of its kind-deals with takfir: accusing ones opponents of unbelief (kufr). Originating in the first decades of Islam, this practice has been applied intermittently ever since. The nineteen studies included here deal with cases, covering different periods and parts of the Muslim world, of individuals or groups that used the instrument of takfir to brand their opponents-either persons, groups or even institutions-as unbelievers who should be condemned, anathematized or even persecuted. Each case presented is placed in its sociopolitical and religious context. Together the contributions show the multifariousness that has always characterized Islam and the various ways in which Muslims either sought to suppress or to come to terms with this diversity. With contributions by: Roswitha Badry, Sonja Brentjes, Brian J. Didier, Michael Ebstein, Simeon Evstatiev, Ersilia Francesca, Robert Gleave, Steven Judd, Istvan T. Kristo-Nagy, Goeran Larsson, Amalia Levanoni, Orkhan Mir-Kasimov, Hossein Modarressi, Justyna Nedza, Intisar A. Rabb, Sajjad Rizvi, Daniel de Smet, Zoltan Szombathy, Joas Wagemakers.

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.

"Dispensing Justice" is designed to serve as a sourcebook of Islamic legal practice and qadi court records from the rise of Islam to modern times, drawing upon court records and qadi judgments, in addition to literary sources. In the first chapter, we survey the state of the field, sketching the history, structure, and modern transformation of the qadiship. The twenty chapters that follow are grouped thematically in four sections: (1) the nature and functions of the judgeship and its development over time; (2) the structure of the judicial apparatus; (3) the application of juristic thought and reasoning to specific cases in selected areas of the law; and (4) judicial procedure and the different forms of evidence. The volume fills a large gap in Islamic legal history. Originally published in hardcover.

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.

Dr. 'Abd al-Razz?q al-Sanh?r? (1895-1971) is one of the most prominent jurists to emerge to date in the Arab world. His alarm at the growing social gap in his country, Egypt, during the first half of the twentieth century, fueled his vision of establishing moral social order by means of a new civil code. Although Sanh?r?'s chosen tool was the legal text, this book argues that his vision was essentially a social one: to introduce the principles of compassion, solidarity and fairness, alongside progress and pragmatism, into polarized Egyptian society, whereby property laws acquired a social function, the laws of partnership were perceived as having an educational value, and contract law was activated as a balance favoring the weaker members of society. Accordingly, this book examines the drafting of the Egyptian Civil Code, exposing the hitherto unknown sociological strata of this act of legislation.

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.

In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a madhhab-law tradition' of jurisprudence underpinning the four post-classical Sunni schools of law. This tradition celebrated polyvalence by preserving the multiplicity of conflicting opinions within each school, while simultaneously providing a process of rule formulation (tarjih) by which one opinion is chosen as the binding precedent (taqlid). The predominant forum of both activities, he shows, was the legal commentary. Through a careful reading of Ibn Qutlubugha's (d. 879/1474) al-Tashih wa-al-tarjih, Al-Azem presents a new periodisation of the Hanafi madhhab, analyses the theory of rule formulation, and demonstrates how this madhhab-law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system.

In Visions of Shari'a Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory (usul al-fiqh) within Twelver Shi'i thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Shari'a in contemporary Shi'i thought. Bringing together authoritative voices and emerging scholars, from both 'traditional' seminaries and 'Western' academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shi'i legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Shari'a.

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.

In Beyond Schools: Muhammad b. Ibrahim al-Wazir's (d. 840/1436) Epistemology of Ambiguity, Damaris Wilmers provides the first extensive analysis of Ibn al-Wazir's thought and its role in the "Sunnisation of the Zaydiyya", emphasizing its significance for conflicts between schools of thought and law beyond the Yemeni context. Contrasting Ibn al-Wazir's works with those of his Zaydi contemporary Ahmad b. Yahya b. al-Murtada, Damaris Wilmers offers a study of a number of heretofore unedited texts from 9th/15th century Yemen when Zaydi identity was challenged by an increasing theological and legal diversity. She shows how Ibn al-Wazir, who has been classed with different schools, actually de-emphasized school affiliation and developed an integrative approach based on a unique theory of knowledge.

Ahmad Alkhamees defines Creative Shari'ah compliance as compliance with the letter but not the objectives of Shari'ah. In recent years, Islamic finance industry practises have come under scrutiny, with strong critiques levelled against many institutions that claim to provide Shari'ah-compliant products and services, which in fact undermine the spirit and the objectives of Shari'ah. This book significantly contributes to the sphere of Islamic finance in three main ways. First, it critically appraises justifications of creative Shari'ah compliance practises. Second, it examines how Shari'ah supervisory board (SSB) governance practises, and the inconsistent fatwas issued by SSBs, contribute to the issue of creative Shari'ah compliance. Most importantly, it suggests regulatory mechanisms which regulators can employ in Islamic countries such as Saudi Arabia and in secular countries such as the United Kingdom to deal with the issue of creative Shari'ah compliance.

This book explores the nature and role of intent in pre-modern Islamic legal rule books, including ritual, commercial, family, and penal law. It argues that Muslim jurists treat intent as a definitive element of many actions regulated by the Shari'a, and they employ a variety of means and terms to assess and categorize subjective states. Through detailed analyses of medieval Islamic texts, aided by Western philosophical examinations of intent, the author presents technically detailed yet lucid arguments about Islamic religious ritual and spirituality, the ethics of business transactions, the role of the inner self in crime and punishment, and Muslim understandings of agency and language. This is the first extensive exploration of the crucial legal issue of intent in all major areas of Islamic substantive law.

Drawing on legal and hadith texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women's issues. All assumed a woman would marry and thus the book concentrates on women's family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qur'an verses devoted to women's lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women's lives in and outside their homes. Throughout, jurists' opinions are juxtaposed with relevant quotations from contemporaneous hadith collections.

Can Islamic finance save the global system? Islamic Finance and the New Financial System describes how the adoption of Islamic finance principles in future regulatory decisions could help prevent future shocks in the global financial system. Using illustrations and examples to highlight key points in recent history, this book discusses the causes of financial crises, why they are becoming more frequent and increasingly severe, and how the new financial system will incorporate elements of Islamic finance whether deliberately or not. With an introspective look at the system and an examination of the misconceptions and deficiencies in theory vs. practice, readers will learn why Islamic finance has not been as influential as it should be on the larger global system. Solutions to these crises are thoroughly detailed, and the author puts forth a compelling argument about what can be expected in the future. Despite international intervention and global policy changes, the financial system remains in a fragile state. There is an argument to be made about integrating Islamic finance into the new system to facilitate stronger resilience, and this book explains the nuts and bolts of the idea while providing the reader with a general understanding of Islamic finance. * Understand the key principles of Islamic finance * Examine the history of the current financial system * Discover how Islamic finance can help build a new debt-free economy * Learn how Islamic finance theory doesn't always dictate practice Although Islamic finance is a growing market, it is still a foreign concept to many. Those within the Islamic finance circles wonder why the system has yet to gain broader appeal despite its ability to create a strong and well-balanced economy. Islamic Finance and the New Financial System provides clever analysis and historical background to put the issues into perspective.