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Books > Law > Other areas of law > Islamic law
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 al-arb (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.
This book offers a new theoretical perspective on the thought of
the great fifteenth-century Egyptian polymath, Jalal al-Din
al-Suyuti (d. 1505). In spite of the enormous popularity that
al-Suyuti's works continue to enjoy amongst scholars and students
in the Muslim world, he remains underappreciated by western
academia. This project contributes to the fields of Mamluk Studies,
Islamic Studies, and Middle Eastern Studies not only an
interdisciplinary analysis of al-Suyuti's legal writing within its
historical context, but also a reflection on the legacy of the
medieval jurist to modern debates. The study highlights the
discursive strategies that the jurist uses to construct his own
authority and frame his identity as a superior legal scholar during
a key transitional moment in Islamic history. The approach aims for
a balance between detailed textual analysis and 'big picture'
questions of how legal identity and religious authority are
constructed, negotiated and maintained. Al-Suyuti's struggle for
authority as one of a select group of trained experts vested with
the moral responsibility of interpreting God's law in society finds
echoes in contemporary debates, particularly in his native land of
Egypt. At a time when increasing numbers of people in the Arab
world have raised their voices to demand democratic forms of
government that nevertheless stay true to the principles of
Shari'a, the issue of who has the ultimate authority to interpret
the sources of law, to set legal norms, and to represent the
'voice' of Shari'a principles in society is still in dispute.
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