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.

This in-depth study presents a detailed analysis and critique of the classic Western work on the origins of Islamic law, Schacht's "Origins of Muhammadan Jurisprudence." Azami's work examines the sources used by Schacht to develop his thesis on the relation of Islamic law to the Qur'an, and exposes fundamental flaws in Schacht's methodology that led to the conclusions unsupported by the texts examined. This book is an important contribution to Islamic legal studies from an Islamic perspective.

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.

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.

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 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.

Dans Droit musulman et societe au Sahara premoderne, Ismail Warscheid reconstitue la pratique du droit musulman dans les oasis du Grand Touat en Algerie entre le XVIIe et le XIXe siecles. In Droit musulman et societe au Sahara premoderne, Ismail Warscheid investigates the practice of Islamic law in the oasis of Tuwat in southern Algeria between the seventeenth and nineteenth centuries.

This book is an anthropologist's field study of the new court set up in Singapore to deal with matrimonial suits (chiefly divorce) among Muslims. The study is based on careful observation of the court in action, and analyses in detail the relationship between the reformist aims of the new law and the values and expectations of litigants. The book takes its departure from the argument developed in Dr Djamour's earlier work, Malay Kinship and Mamage in Singapore (Athlone Press, 1959; paperback edition 1965), and discusses the effect of recent attempts to promote the stability of Muslim marriage. Social scientists, lawyers, students of Islam, and those interested in Malayan problems will find in this book the same qualities that distinguished Dr Djamour's previous study -- lively and sympathetic descriptive powers joined to an ability for clear factual analysis.

Peaceful legal and political 'changing of the guards' is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral 'caretaker covernment' (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments' wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for

This 8-volume series is the author's abridged version of his longer work with the same title, spanning a 25-year study of the main sources of Islamic teachings: the Qur'an and the authentic sunnah. The author's study comprised 14 great anthologies of hadiths, but in his book he only rarely includes hadiths from any anthology other than the two most authentic ones of al-Bukhari and Muslim. This series will illustrate the status of the Muslim woman that is greatly different from what is assumed in most Muslim societies today. The Prophet established complete equality between men and women, with both having their respective special functions. This volume draws the features of the Muslim Woman in everyday social life in accordance to the Qur'an and Sunnah drawing upon specific examples of incidents as well as different prominent female figures in Islam during the Prophet's lifetime. It shows that much of what we imagine to be Islamic rules are no more than social or cultural tradition.

Can there be God-conscious organizational behaviour in the real world of today's capitalist corporations and the alternatives? In this overview of God-consciousness as a moral-awareness model of preference formation, functions, structures, and programs of organization within the purview of institutions and society, the authors explain and compare the major ethical issues of organizational behaviour and structure in Islamic economic theory and application. By analysing the nature of inclusive organizations and institutions, and the ethical preferences in Islamic choice framework, the authors from Saudi Arabia, Australia, Malaysia, Bangladesh, Canada, Indonesia and the UK, can highlight individual aspects to show whether capitalist organizational behaviour is sustainable. They describe how The Tawhidi epistemological framework governing conscious moral decision-making by institutions and organization, are used to establish the meaning and potential application of the concept of sustainability, and whether organizational moral objectives achieve their goals of life-fulfilment development, Poverty alleviation and the equitable distribution of wealth and resources.

This book shows how political and administrative forces shaped the way justice was applied in medieval Egypt. It introduces the model that evolved during the 7th to the 12th centuries, which involved four judicial institutions: the cadi; the mazalim (court of complaint); the police/shurta (responsible for criminal justice); and the hisba (Islamised market law) administrated by the muhtasib (market supervisor). Literary and non-literary sources are used to highlight how these institutions worked in real-time situations such as the famine of 1024 5, which posed tremendous challenges to the market supervisors in Cairo. The inner workings of the court of complaint during the 11th 12th-century Fatimid state are revealed through an array of documentary sources. And non-Muslim communities, their courts and their sphere of responsibilities are treated as integral to how justice was dispensed in medieval Islam. Documentary sources offer significant insights into these issues and illuminate the scope and limits of non-Muslim self-rule/judicial autonomy.

Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.

The contemporary finance deals mainly with multilateral and multi-counterparty transactions. Islamic Jurisprudence (Fiqh) has yet to develop its conceptualization of this modality of financing. Thus far, it has become a norm for large financing projects to rely on a complex structure of interconnected bilateral contracts that in totality becomes opaque, complex and costly. An unfortunate result of the unavailability of an efficient Fiqhi model applicable to modern multilateral and multi-counterparty contracts has been the fact that the present Islamic finance has been forced to replicate conventional risk-transfer (interest rate based) debt contracts thus drawing severe criticisms of duplicating conventional finance. In 2012, a gathering of some of the Muslim world's most prominent experts in Jurisprudence (Fuqaha) and economists issued the Kuala Lumpur Declaration (Fatwa) in which they identified risk sharing as the essence of Islamic finance. The Declaration opened the door for a new Fiqh approach to take the lead in developing the jurisprudence of multilateral and multi-counterparty transactions. This Declaration (Fatwa) provides a prime motivation to search for a comprehensive model of risk sharing that can serve as an archetypal contract encompassing all potential contemporary financial transactions. From the perspective of Islamic Jurisprudence (Fiqh), the technicalities of the concept of risk sharing in contemporary finance have yet to be defined in Islamic literature. This book attempts to clarify and shed light on these technicalities from the perspective of Fiqh. It is a comprehensive study that relies on the fundamental Islamic sources to establish a theoretical and practical perspective of Fiqh encompassing risk-sharing Islamic finance as envisioned in the Kuala Lumpur Declaration of 2012. This new paradigm should lead to a more efficient approach to multilateral and multi-counterparty Islamic contracts which, here-to-fore has been lacking in the current configuration of Islamic finance.

The Canonization of Islamic Law tells the story of the birth of classical Islamic law in the eighth and ninth centuries CE. It shows how an oral normative tradition embedded in communal practice was transformed into a systematic legal science defined by hermeneutic analysis of a clearly demarcated scriptural canon. This transformation was inaugurated by the innovative legal theory of Muhammad b. Idris al-Shafi'i (d. 820 CE), and it took place against the background of a crisis of identity and religious authority in ninth-century Egypt. By tracing the formulation, reception, interpretation and spread of al-Shafi'i's ideas, the author demonstrates how the canonization of scripture that lay at the heart of al-Shafi'i's theory formed the basis for the emergence of legal hermeneutics, the formation of the Sunni schools of law, and the creation of a shared methodological basis in Muslim thought.

I.B.Tauris in association with the Institute of Ismaili Studies Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs. In addition to tracing the history of sharia, the book offers a critique concerning its status today. Sharia is examined with regard to particular issues that are of paramount importance in the contemporary world, such as human rights; criminal penalties, including those dealing with apostasy, blasphemy and adultery, commercial transactions, and bio-medical ethics, amongst other subjects. The authors show that sharia is a legal system underpinned by ethical principles that are open to change in different circumstances and contexts, notwithstanding the claims for `transcendental permanence' made by Islamists. This book encourages new thinking about the history of sharia and its role in the modern world.