|
Books > Law > Other areas of law > Islamic law
Islamic commercial and financial practice has not experienced the
trial-and-error style of development that has characterised 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.
"The Dignity of Man: An Islamic Perspective" provides the most
detailed study to date on the subject of the dignity of man from
the perspective of Islam. M H Kamali sets out the proclamations on
human dignity found in the Qur'an and then discusses topics
pertaining to or resulting from human dignity: the physical and
spiritual nobility of man; God's love for humanity; the sanctity of
life; and the necessity for freedom, equality and accountability.
Finally, the author examines the measures that the "Shariah" has
taken to protect human dignity and to promote it in social
interaction. The discussion is here presented in the light of the
debate on the universality of human rights as enshrined in the
Universal Declaration of Human Rights. This book goes a long way
towards exploring an alternative to Western concepts of human
rights. "The Dignity of Man: An Islamic Perspective" is part of a
series of studies on fundamental rights and liberties in Islam and
should be read with its companion volumes of "Freedom,"" Equality
and Justice in Islam," and "Freedom of Expression in Islam,"
The Prophet Muhammad s treaties with the Christians of his time,
which John Andrew Morrow has rediscovered in obscure collections
and often newly translated, uniformly state that Muslims are not to
attack peaceful Christian communities, but defend them until the
End of the World. Authored by the Prophet himself, they represent a
third foundational pillar for Islam outside of Qur an and hadith.
The Covenants Initiative within the book represents a movement by
Muslims, both prominent and unknown, in support of Christians under
attack. These treaties desperately need to be better known among
Christians, Muslims, and the general public.
For scholars, this book provides much difficult-to-obtain
material: facsimiles of primary sources in Arabic and Persian;
corrected versions in modern Arabic typescript; and alternate
translations. They now have all they need to study the covenants in
depth.
"This narrative has the power to unite Muslim and Christian
communities. A work of scholarship, its release is timely, and its
content critical in fostering mutual respect and religious
freedom."--IMAM FEISAL ABDUL RAUF, Chairman, Cordoba Initiative
"In his indispensable contribution to the study of the Abrahamic
faiths, John Andrew Morrow tells the story of how the Prophet
Muhammad used his desert experiences of hospitality and protection
to bring Muslims and Christians together."--JOSEPH HOBBS,
University of Missouri
"These letters from the Prophet Muhammad to Christian
communities can serve to inspire both Muslims and Christians about
our ability to live together as God's people, as friends, as
neighbors, and as custodians of the same small planet."--OMID SAFI,
University of North Carolina
"With painstaking effort and much dedication invested in this
groundbreaking work, Professor Morrow will surely manage to attract
the attention of Islamic studies students and specialists."--AMAR
SELLAM, Mohamed I University
"This book documents what is possibly the third foundational
source of Islam: the Prophet's treaties and covenants among people
of the Abrahamic faiths. Dr. Morrow brings forth exceptionally
important findings that dictate peaceful coexistence among Jews,
Christians, and Muslims."--BRIDGET BLOMFIELD, University of
Nebraska
This book is about how Islamic finance is conducted in contemporary
times. It is also about change and how change occurs in two areas.
The first area is change in a body of law, both generally and
specifically with respect to Islamic Shariah in the areas of
commerce and finance. The second area is Islamic finance. Change in
the Shariah and in Islamic finance are intimately and inextricably
related: the Shariah defines and constrains change in Islamic
finance. Legal change necessarily involves consideration of the
interpretive modalities that are employed in effecting that legal
change, and interpretive modalities in Islamic finance are also
considered. The book is divided into four parts. Part I outlines
the context and provides background for later discussions. Part II
introduces the Shariah and its interpretation. Part III discusses a
specific fatwa issued to Dow Jones in 1998 in respect of equity
investing and equity indices (the Dow Jones Fatwa), its sequelae,
and murabaha transactions. And Part IV addresses issues pertaining
to and criticisms of Islamic finance. Part I describes the
objectives and organization of the book, provides a short history
of modern Islamic finance, and sets forth a categorized summary of
the issues and criticisms raised by various critics. The discussion
of Shariah matters in Part II begins with a summary of the nature
of the Shariah (Islamic law) as applied in Islamic finance. This is
followed by a detailed description of the Shariah scholars and
Shariah boards that interpret and apply Islamic law in the field of
Islamic finance. Topics considered include the qualifications of
scholars, the nature and structure of Shariah boards and how they
are comprised and operate, and the roles and functions of Shariah
boards. The final chapter in this Part discusses the fatwa (legal
opinion) that implements Islamic law in the transactional,
operational entity and standard-setting context. Part III provides
detailed discussions of the Dow Jones Fatwa, its equity investment
tests, permissible and impermissible equity instruments,
permissible and impermissible business activities, financial
screens for impermissible interest income, and other important
principles. In particular, the discussion focuses on the principles
of "permissible variance" (or "permissible impurity") and
"purification" that have been instrumental in the development and
growth of Islamic finance. Succeeding chapters in this Part trace
how the permissible variance principles have evolved and expanded
in areas such as equity, private equity and real estate investing,
and the financing of those activities, and in project and
infrastructure finance. Six areas of evolution and expansion are
considered. These include (1) modification of the initial tests,
(2) new equity investing tests, (3) permissible and impermissible
business activities in different areas of practice and the
variations in impurity that are permitted in those areas, (4) the
most commonly used structures in modern Islamic finance (the lease
or ijara and the murabaha or cost-plus sale), and) (5) when and how
purification (largely by donation to charity) are effected. The
final group of chapters, in Part IV, discuss the various issues and
criticisms in detail. Topics include (i) the amount of discretion
afforded Shariah scholars, (ii) the intentions of different
transactional parties in Islamic finance transactions, (iii) the
degree of formalism in application of interpretive modalities, (iv)
complexities and transaction costs (both absolutely and relative to
corresponding conventional transactions), (v) social justice and
policy issues, and (vi) the application of interpretative
modalities and their relationship to different jurisprudential
theories of legal change. The book includes an extensive
bibliography and index. For further information, please see http:
//www.islamicfinanceinpractice.com
Compiled by a world-renowned Islamic scholar and spiritual guide,
"Principles of Islamic Spirituality, Part 1: Sufism" is the first
of a multi-volume treatise written for western readers. It presents
a brief background of the Sufi hierarchy, their diverse communities
achieved through religious tolerance and goodwill, their social
responsibility, and treatment of the perennial conflict of good vs.
evil. While this historic work draws upon authentic legal
precedents and religious explanations from various Islamic schools
of thought that form the majority Muslim view, it is presented for
laypersons in easily understood terms and is highly recommended for
anyone interested in mainstream Islam and its moderate views of
today's world.
Compiled by a world-renowned Islamic scholar and spiritual guide,
"Principles of Islamic Spirituality, Part 2: Contemporary Sufism
& Traditional Islamic Healing" is the second of a multi-volume
treatise written for western readers. It defines the current
negatively impacted state of the human psyche, the causes of mental
and spiritual illnesses and their treatment with traditional
Islamic healing. While this historic work draws upon authentic
legal precedents and religious explanations from various Islamic
schools of thought that form the majority Muslim view, it is
presented for laypersons in easily understood terms and is highly
recommended for any study of mainstream Islam and its moderate
views of today's world.
Dr. Jamal Nasir advised the King of Jordan through most of the
last fifty years of the twentieth century and shares a personal
insight on the way events unfolded in Jordan and Palestine. This
heartwarming narrative follows Nasir from a young Palestinian
refugee, through to a career at the bar in London, and on to being
legal advisor to King Hussein, amongst others. Intimately
acquainted with the workings of government in the region, Nasir
here reveals previously unpublished accounts of key moments behind
the scenes in modern Middle East history.
Al-Murshid al-Mu'een is a widely recognised primary text for
learning Islam in North Africa. In it the author, Abd al-Wahid ibn
'Ashir, summarises in verse the three sciences of Islam, Iman and
Ihsan: Maliki fiqh, Ash'ari 'aqida and Junaidi tasawwuf. This is
its first complete translation into English. Dr. Asadullah Yate is
also the translator of Shaykh Ahmad bin al-Bashir al-Qalawi
ash-Shinqiti's (1216 AH/1802 CE- 1276 AH/1853 CE) Mufid al-'Ibad, a
very full commentary on al-Murshid al-Mu'een, which is published by
Diwan Press in English as "Islam in the School of Madina."
A translation of Abu Shuja' al-Asfahani's introduction to classical
Islamic law, Matn al-Ghayat wa al-Taqrib. This enduring classic
covers the full range of basic topics within the Shafi'i school of
law. It includes the full Arabic text and notes to point out where
later Shafi'i jurists have differed from the author, Imam
al-Nawawi's preferences, and minor clarifications and explanations.
Researchers have shed light on the literary production of the
Ismailis since the early 1930s. The cataloguing of these work has
been carried out by Ivanow, Fyzee, Goriawala, Poonawala, Gacek,
Cortese and de Bloise. Many works attributable to Ismaili scholars,
however, are still unavailable either because they remain hidden in
private collections or because they have not survived. Ismaili law,
in particular, is still a largely unexplored field of study.
Al-Qadi Abu Hanifa al-Nu'man is generally considered the founder
and greatest exponent of Ismaili jurisprudence, Many of his works
have been lost, and information on some others is scattered; yet
other works remain in manuscript form, and only a few have been
published. The present book is a critical edition and translation
of al-Nu'man's Minhaj al-fara'id, based on its three known copies.
It deals with the law of inheritance, one of the most complex in
Islamic law. In comparing the Minhaj with two published works (the
Da'a'im al-Islam and Kitab al-iqtisar) as well as a manuscript
(Mukhtasar al-athar) of al-Nu'man, a significant doctrinal
evolution clearly emerges, reflecting his early Maliki training and
then his work under four Fatimid imams. Ismaili law is also
compared with the doctrines of the Imami school as well as the
legal system of the four Sunni schools. This book thus allows us to
determine the time of the composition of the Minhaj al-fara id, the
development and the originality of Ismaili jurisprudence, and its
relation to other schools of law.
This collection tackles the four madhhabs of Islam in a
thought-provoking way. Together, the four contributions show that
recovery of transmitted practice backed by scholarship is a dynamic
and liberating way that can lead to a new flowering of the deen in
every age.
This "fatwa," religious edict, is issued by two renowned Islamic
scholars and is founded on traditional Islamic texts which clearly
state domestic violence is forbidden. It presents shining social
examples set forth by the revered prophet of Islam, Muhammad, and
examines crucial Arabic terminology relative to domestic violence
that has been broadly misinterpreted. This booklet is an authentic
refutation of domestic abuse perpetrated by Muslims and is a
resource for social scientists, religious scholars, policymakers,
lawmakers, law enforcement, educators, and advocates for victims of
domestic violence.
Islamic codes on polity cover all its aspects, including
governance, diplomacy and policy-making etc. This book will be
highly useful for scholars, researchers, students and all those who
are interested to know about Islam. In the long run it will help
its readers to see Islam in a new light with well referenced
reliable information.
Have you ever wondered: What do the eminent scholars of Isl m have
to say about the commemoration of the Prophet's birthday (Mawlid),
may blessings and peace be upon him? Is the modern controversy
regarding this subject really authentic? The Elite Stand in Honour
of the Chosen One by Im m Ahmad Rid Kh n is a treatise that
emphatically answers these questions by elaborating on the
favourable dispensation accorded to this practice by over a
thousand years of Isl mic scholarship. The celebrated author
provides detailed evidence on the permissibility and benefit of
Mawlid and standing in honour of the Prophet (Qiy m) from authentic
books of Isl mic jurisprudence (Fiqh). Multiple legal edicts (Fat w
) of mainstream im ms and scholars are also used in support of this
stance. In recent times, some have censured these meritorious acts
simply because the Companions and their Successors (Tabi' n) never
celebrated the Prophet's birthday, may blessings and peace be upon
him. In a masterful demonstration of scholarship, the author
refutes this position of the critics using their own evidence and
logic.
Debates over family law are a sensitive subject in the Muslim
world, revealing something of the struggle between forces of
traditionalism and modernism. The highly disparate tendencies
within Islamic "fundamentalism" share a desire to re-institute
Shar'ia law, regarded as the last bastion of the Islamic ideal of
social relations. This book probes the theory and practice of
Islamic family law in the contemporary Muslim world, focusing on
the dynamics of marriage and the consequences of its breakdown, and
the ways in which litigants manipulate the law to resolve marital
and child custody disputes.
Jihad is a term that has become universally known today. What is
meant by this word, which invokes frightening images of men in
masks, wearing suicide vests, brandishing automatic weapons in one
hand while holding the Holy Quran in the other. Is Jihad an ongoing
war directed at converting non-Muslims to Islam at the edge of the
sword? Or is it an ideological movement to establish an Islamic
empire stretching from the Far East to the Far West? From what we
see in the nightly news, it appears humanity is headed for the sort
of clash of civilizations that Samuel Huntington feared. In
reality, this is no clash between Islam and the West, or between
Islam and Christianity. Were it the case, Muslims would be
attacking the Christian communities in their own nations. While
isolated conflicts along these lines occur, they have never been
the prime focus of the Jihadist movement. What we are witnessing
instead is a clash between people with power and those without. It
is a conflict rooted in the history of colonialism and perceptions
of present-day imperialism. It is a conflict in which religion is
simply a means to an end. We must recognize this if we are to
understand the true nature of the so-called "Jihad" the militant
Islamists invoke and its increasingly global character. In this
book we would like to shed light on the meaning of Jihad in the
traditional understanding of Islam. The concept of "holy war" does
not occur in the term Jihad. Rather the meaning of combative Jihad
expressed in Qur'an or hadith is simply war. That said, we will
show in this presentation, that Jihad in the classical sense does
not simply mean war. In fact Jihad is a comprehensive term which
traditionally has been defined as composed of fourteen different
aspects, only one of which involves warfare. We will also show that
the best thing Muslim moderates could do today to counter the
Jihadist global strategy would be a "Jihad" of charity and good
works designed for the rich Muslim nations to raise the standard of
living of the poor ones.
|
You may like...
Verity
Colleen Hoover
Paperback
(2)
R295
R264
Discovery Miles 2 640
The New Kingdom
Wilbur Smith, Mark Chadbourn
Hardcover
(1)
R317
Discovery Miles 3 170
Hellburner
Mike Maden
Paperback
R370
R342
Discovery Miles 3 420
Ryan's Pride
Michael Warren
Hardcover
R911
Discovery Miles 9 110
New Times
Rehana Rossouw
Paperback
(1)
R280
R259
Discovery Miles 2 590
|