This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance - from personal loans to investment banking, and from market structure to corporate governance - Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of 'Islamization' of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.

Wael B. Hallaq is regarded as one of the leading scholars in the field of Islamic law. In a path-breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. While the role of the law schools in augmenting these processes was of the essence, the author demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in history, that maintained the foundations of school methodology and hermeneutics. The defence of that methodology gave rise to an infinite variety of individual legal opinions, ultimately accommodating changes in the law. Thus the author concludes that the mechanisms of change were embedded in the very structure of Islamic law, despite its essentially conservative nature. This book will be welcomed by specialists and scholars in Islamic law for its rigour and innovation.

Why are honour killings and honour-related violence (HRV) so important to understand? What do such crimes represent? And how does HRV fit in with Western views and perceptions of Islam? This distinctively comparative collection examines the concept of HRV against women in general and Muslim women in particular. The issue of HRV has become a sensitive subject in many South Asian and Middle Eastern countries and it has received the growing attention of the media, human rights groups and academics around the globe. However, the issue has yet to receive detailed academic study in the United Kingdom, particularly in terms of both legal and sociological research. This collection sets out the theoretical and ethical parameters of the study of HRV in order to address this intellectual vacuum in a socio-legal context. The key objectives of this book are: to construct, and to develop further, a theory of HRV; to rationalise and characterise the different forms of HRV; to investigate the role of religion, race and class in society within this context, in particular, the role of Islam; to scrutinise the role of the civil/criminal law/justice systems in preventing these crimes; and to inform public policy-makers of the potential policies that may be employed in combating HRV.

The jurist Ebu's-suud (c. 1490-1574) occupies a key position in the history of Islamic law. An Ottoman tradition, which began in the seventeenth century and which modern historians often reiterate, asserts that Ebu's-suud succeeded in harmonizing the secular law with the "shari 'a," creating, in effect, a new ideal Islamic legal system. This book examines the validity of this assertion.
The author begins by choosing five areas of Islamic law for analysis: the Sultan and legal sovereignty; land tenure and taxation; trusts in mortmain; marriage and the family; and crimes and torts. In each of these areas, he lays out the most important rules and concepts in the Islamic juristic tradition, and then gives his translations of a selection of Ebu's-suud's writings on the topic in question, with a brief analysis. From these materials, the author suggests that readers draw their own conclusions as to whether Ebu's-suud did indeed reconcile Ottoman secular legal practice with the sacred law.

This is the first comprehensive study of the life and works of Muhammad Baqer as-Sadr - an Iraqi scholar who made an important contribution to the renewal of Islamic law and politics in the contemporary Middle East. Executed in 1980, Sadr was the most articulate thinker and a major political actor in the revival of Shi‘i learning, which placed Najaf in Southern Iraq at its centre. Dr Chibli Mallat examines the intellectual development of Sadr and his companions who included Ruhullah al-Khumaini and assesses Sadr’s innovative approaches to the study of law, economics and banking. The author convincingly demonstrates how Sadr’s ideas and activities were influential in the rise of political Islam across the Middle East and played an important part in the Iranian revolution of 1979.

This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam.
Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.

This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam.
Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This will be one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.

This is a new examination of how Sharia (TM)a law affects public policy both theoretically and in practice, across a wide range of public policy areas, including for example 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. In addition, matters are complicated further by the fact that there are differing interpretations of the Shari'a and how it should be applied to contemporary social issues.

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.

Since the Second World War, there has been a significant migration of Muslims to countries in the Western world. Muslims in Non-Muslim Land traces the process by which these migrants arrived in Western Europe - in particular Britain - and explains how the community developed its faith identity through three particular stances: assimilation, isolation and integration. The findings argue that the assumption that Islam causes Muslims to isolate from the indigenous population and form a 'state within a state' is false and that Islamic Law actually gives Muslims confidence and the ability to integrate within the wider society. The theological view that all non-Muslim lands are dar alarb (domain of war) is challenged, and the study shows that the traditional interpretive model of Islamic Law inherently possesses the flexibility and applicability to take into consideration minority-status of Muslims in Britain. Muslims in Non-Muslim Land focuses on Islamic Law as interpreted by the anafi Law school and highlights in detail the multi-pronged and robust nature of its legal theory and subsequent application. What is ground-breaking about Muslims in Non-Muslim Lands is that it illustrates the ability of anafi Law to deal with contemporary issues in a wide range of subjects. It also provides Muslims with ways of Islamically resolving medical, financial and political concerns. The study concludes that Islamic Law can facilitate the integration of Muslim minorities within secular societies while allowing them to still remain true to their faith.

The sharia is a set of traditional laws that define a Muslim's obligations to God and his fellow human beings. Westerners often misunderstand the nature of the sharia, born as it is of a complicated legal and academic tradition that may not always seem relevant to today's world. Written for those unfamiliar with Islam, this volume provides an accurate and objective assessment of the sharia's achievements, shortcomings and future prospects. It explores the fundamentals of Islam and traditional sharia laws. In addition, the sharia is discussed with respect to Ottoman law, puritanism and jihad. The sharia's relevance to today's world events is also explored. Appendices provide Al-Shafi'i's views on legal knowledge; Ibn Hanbal's discourse on marriage and divorce; a Western translation of the concept of jihad; and an analysis of the sharia in twenty-nine selected countries.

While scholars have long looked at the role of political Islam in the Middle East, it has been assumed that domestic politics in the wealthy monarchical states of the Arabian Gulf, so-called "rentier states" where taxes are very low and oil wealth subsidizes the needs of citizens, are largely unaffected by such movements. However, the long accepted rentier theory has been shortsighted in overlooking the socio-political role played by Muslim Brotherhood affiliates in the super-rentiers of Kuwait, Qatar, and the United Arab Emirates. While rentier state theory assumes that citizens of such states will form opposition blocs only when their stake in rent income is threatened, this book demonstrates that ideology, rather than rent, have motivated the formation of independent Islamist movements in the wealthiest states of the region. In the monarchical systems of Qatar and the UAE, Islamist groups do not have the opportunity to compete for power and therefore cannot use the ballot box to gain popularity or influence political life, as they do elsewhere in the Middle East. But, as this book points out, the division between the social and political sectors is often blurred in the socially conservative states of the Gulf, as political actors operate through channels that are not institutionalized. Simply because politics is underinstitutionalized in such states does not mean that it is underdeveloped; the informal realm holds considerable political capital. As such, the book argues that Brotherhood movements have managed to use the links between the social (i.e. informal personal networks) and political (i.e. government institutions) to gain influence in policymaking in such states.Using contemporary history and original empirical research, Courtney Freer updates traditional rentier state theory and argues that political Islam serves as a prominent voice and tool to promote more strictly political, and often populist or reformist, views supported by many Gulf citizens.

If justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition? Today, the idea of gender equality, inherent to contemporary conceptions of justice, presents a challenge to established, patriarchal interpretations of Shari'a. In thought-provoking discussions with six influential Muslim intellectuals - Abdullahi An-Na'im, Amina Wadud, Asma Lamrabet, Khaled Abou El Fadl, Mohsen Kadivar and Sedigheh Vasmaghi - Ziba Mir-Hosseini explores how egalitarian gender laws might be constructed from within the Islamic legal framework.

Arabic and Persian Manuscripts in the Birnbaum Collection, Toronto includes many early copies, from the 6th century A.H. / 12th century C.E. onwards. They cover a wide range of subjects. The catalogue gives detailed descriptions of 66 Arabic and 34 Persian works, arranged by subject. Author and title indexes provide easy access, and photographs of selected pages enhance the descriptions. The manuscripts were acquired individually over many decades.

Much has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide. This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamics of belonging and status, and Part IV looks at issues relating to the conclusion of marriage and its dissolution. The fifth and final part discusses how each religion views the legal other. Each part concludes with exploring what we can learn from a comparative examination of the topic that is dealt with in that part. Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems along with a substantial bibliography. It provides a state of the art overview of scholarship in this area accompanied by a critical evaluation. As such, it will be an invaluable resource for all those concerned with religious legal systems, multiculturalism and comparative law.

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.

The jurist Ebu's-suud (c. 1490-1574) occupies a key position in the history of Islamic law. An Ottoman tradition, which began in the seventeenth century and which modern historians often reiterate, asserts that Ebu's-suud succeeded in harmonizing the secular law with the "shari 'a," creating, in effect, a new ideal Islamic legal system. This book examines the validity of this assertion.
The author begins by choosing five areas of Islamic law for analysis: the Sultan and legal sovereignty; land tenure and taxation; trusts in mortmain; marriage and the family; and crimes and torts. In each of these areas, he lays out the most important rules and concepts in the Islamic juristic tradition, and then gives his translations of a selection of Ebu's-suud's writings on the topic in question, with a brief analysis. From these materials, the author suggests that readers draw their own conclusions as to whether Ebu's-suud did indeed reconcile Ottoman secular legal practice with the sacred law.

This book is a contribution to the nascent discourse on global health and biomedical research ethics involving Muslim populations and Islamic contexts. It presents a rich sociological account about the ways in which debates and questions involving Islam within the biomedical research context are negotiated - a perspective which is currently lacking within the broader bioethics literature. The book tackles some key understudied areas including: role of faith in moral deliberations within biomedical research ethics, the moral anxiety and frustration experienced by researchers when having to negotiate multiple moral sources and how the marginalisation of women, the prejudice and abuse faced by groups such as sex workers and those from the LGBT community are encountered and negotiated in such contexts. The volume provides a valuable resource for researchers and scholars in this area by providing a systematic review of ethical guidelines and a rich case-based account of the ethical issues emerging in biomedical research in contexts where Islam and the religious moral commitments of Muslims are pertinent. The book will be essential for those conducting research in low and middle income countries that have significant Muslim populations and for those in Muslim-minority settings. It will also appeal to researchers and scholars in religious studies, social sciences, philosophy, anthropology and theology, as well as the fields of biomedical ethics, Islamic ethics and global health..

This book explores the contentious topic of women's rights in Muslim-majority countries, with a specific focus on Iran and the Iranian women's movement from 1906 to the present. The work contextualizes the authorial self through the use of personal narrative and interviews. A new critique of Islamic law is produced through an in-depth study of the Iranian Constitution, civil and criminal codes. The work presents a novel reconceptualization of the term "Islamic feminism" by revisiting the arguments of various scholars and through analysis of interviews with Iranian women's rights activists. It is contended that the feminist movements can play a critical role in Islamic law reform and consequently the eventual implementation of international human rights law in Muslim-majority countries. What emerges from this study is not only a feminist critique of two major regimes of law, but also the identification of possibilities for reform in the future. The study transitions from the Iranian national context to the international by way of a comparative legal study of international human rights laws and Islamic laws. The book will appeal both to academics and human rights practitioners.

Reading the Islamic City offers insights into the implications the practices of the Maliki school of Islamic law have for the inhabitants of the Islamic city, the madinah. The problematic term madinah fundamentally indicates a phenomenon of building, dwelling, and urban settlement patterns that evolved after the 7th century CE in the Maghrib (North Africa) and al-Andalusia (Spain). Madinah involves multiple contexts that have socio-religious functions and symbolic connotations related to the faith and practice of Islam, and can be viewed in terms of a number of critiques such as everyday lives, boundaries, utopias, and dystopias. The book considers Foucault's power/knowledge matrix as it applies to an erudite cadre of scholars and legal judgments in the realm of architecture and urbanism. It acknowledges the specificity of power/knowledge insofar as it provides a dominant framework to tackle property rights, custom, noise, privacy, and a host of other subjects. Scholars of urban studies, religion, history, and geography will greatly benefit from this vivid analysis of the relevance of the juridico-discursive practice of Maliki Law in a set of productive or formative discourses in the Islamic city.

Islamic State's Online Activity and Responses provides a unique examination of Islamic State's online activity at the peak of its "golden age" between 2014 and 2017 and evaluates some of the principal responses to this phenomenon. Featuring contributions from experts across a range of disciplines, the volume examines a variety of aspects of IS's online activity, including their strategic objectives, the content and nature of their magazines and videos, and their online targeting of females and depiction of children. It also details and analyses responses to IS's online activity - from content moderation and account suspensions to informal counter-messaging and disrupting terrorist financing - and explores the possible impact of technological developments, such as decentralised and peer-to-peer networks, going forward. Platforms discussed include dedicated jihadi forums, major social media sites such as Facebook, Twitter, and YouTube, and newer services, including Twister. Islamic State's Online Activity and Responses is essential reading for researchers, students, policymakers, and all those interested in the contemporary challenges posed by online terrorist propaganda and radicalisation. The chapters were originally published as a special issue of Studies in Conflict & Terrorism.

David Vishanoff's thorough and original unpacking of the Sunni jurist al-Juwayni's (1028-1085) Kitab al-Waraqat fi usul al-fiqh introduces English-speaking readers to the main concepts, terms, principles, and functions of the classical Islamic discipline of legal theory. This volume offers an ideal entry to the otherwise dense and complex mainstream Sunni views that dominated Islamic legal thought in al-Juwayni's day -- and that are still widely accepted today. A critical edition of al-Juwayni's Arabic text is also included.

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.

'Human Rights and Reformist Islam' critiques traditional Islamic approaches to the question of compatibility between human rights and Islam, and argues instead for their reconciliation from the perspective of a reformist Islam. The book focuses on six controversial case studies: religious discrimination; gender discrimination; slavery; freedom of religion; punishment of apostasy; and arbitrary or harsh punishments. Explaining the strengths of structural ijtihad, Mohsen Kadivar's draws on the rational classification of Islamic teachings as temporal or permanent on the one hand, and four criteria of being Islamic on the other: reasonableness, justice, morality and efficiency. He rejects all of the problematic verses and Hadith according to these criteria. The result is a powerful, solutions-based argument based on reformist Islam - providing a scholarly bridge between modernity and Islamic tradition in relation to human rights.

The book explores the relationship between Muslims, the Common Law and Shari'ah post-9/11. The book looks at the accommodation of Shari'ah Law within Western Common Law legal traditions and the role of the judiciary, in particular, in drawing boundaries for secular democratic states with Muslim populations who want resolutions to conflicts that also comply with the dictates of their faith. Salim Farrar and Ghena Krayem consider the question of recognition of Shari'ah by looking at how the flexibilities that exists in both the Common Law and Shari'ah provide unexplored avenues for navigation and accommodation. The issue is explored in a comparative context across several jurisdictions and case law is examined in the contexts of family law, business and crime from selected jurisdictions with significant Muslim minority populations including: Australia, Canada, England and Wales, and the United States. The book examines how Muslims and the broader community have framed their claims for recognition against a backdrop of terrorism fears, and how Common Law judiciaries have responded within their constitutional and statutory confines and also within the contemporary contexts of demands for equality, neutrality and universal human rights. Acknowledging the inherent pragmatism, flexibility and values of the Common Law, the authors argue that the controversial issue of accommodation of Shari'ah is not necessarily one that requires the establishment of a separate and parallel legal system.

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.