This book seeks to interrogate the classical fiqh formulation on gender and homicide with a view to exploring further the debate on whether the so-called gender injustice in Islamic law is a human creation or attributable to the divine sources of the Qur'an and Sunnah. The study is in response to the increasing criticism of the Islamic criminal law regime and the accusation that it discriminates on the basis of gender. It argues that any attempt to critique a religious question through the lens of traditional Western human rights ideals would be resisted by the vast majority of Muslims. An examination of the question and any suggested solutions offered would be much more effective if situated within the system they identify with; that is to address the question of gender justice deficit from within the Islamic legal tradition. Focusing on Nigeria and Pakistan, the book achieves this by drawing on classical fiqh literature, contemporary literature, legislative sources and relevant case law.

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.

Many Muslim societies are in the throes of tumultuous political transitions, and common to all has been heightened debate over the place of sharia law in modern politics and ethical life. Bringing together leading scholars of Islamic politics, ethics, and law, this book examines the varied meanings and uses of Islamic law, so as to assess the prospects for democratic, plural, and gender-equitable Islamic ethics today. These essays show that, contrary to the claims of some radicals, Muslim understandings of Islamic law and ethics have always been varied and emerge, not from unchanging texts but from real and active engagement with Islamic traditions and everyday life. The ethical debates that rage in contemporary Muslim societies reveal much about the prospects for democratic societies and a pluralist Islamic ethics in the future. They also suggest that despite the tragic violence wrought in recent years by Boko Haram and the Islamic State in Iraq, we may yet see an age of ethical renewal across the Muslim world.

In 1910, when Khedive Abbas II married a second wife surreptitiously, the contrast with his openly polygamous grandfather, Ismail, whose multiple wives and concubines signified his grandeur and masculinity, could not have been greater. That contrast reflected the spread of new ideals of family life that accompanied the development of Egypt's modern marriage system. Modernizing Marriage explores the evolution of marriage and marital relations, shedding new light on the social and cultural history of Egypt. Family is central to modern Egyptian history. Family in the ruling court did the "political work," and, indeed, the modern state began as a household government in which members of the ruler's household seved in the military and civil service. Cuno discusses political and sociodemographic changes that affected marriage and family life and the production of a family ideology by modernist intellectuals, who identified the family as a site crucial to social improvement, and for whom the reform and codification of Muslim family law was a principal aim. Throughout Modernizing Marriage, Cuno examines Egyptian family history in a comparative and transnational context, addressing issues of colonial modernity and colonial knowledge, Islamic law and legal reform, social history, and the history of women and gender.

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

This book seeks to open new lines of discussion about how Islamic law is viewed as a potential tool for programs of social transformation in contemporary Muslim society. It does this through a critical examination of the workings of the state shari'a system as it was designed and implemented at the turn of the twenty-first century in Aceh, Indonesia. While the empirical details of these discussions are unique, this particular case presents a remarkable site for investigating the broader issue of the impact of instrumentalist, future-oriented visions of Islamic law on modern Muslim calls for the state implementation of Islamic law. In post-tsunami/post-conflict Aceh, the idea of shari'a as an exercise in social engineering was amplified through resonance with an increasingly pervasive rhetoric of 'total reconstruction'. Based upon extensive fieldwork as well as critical readings of a wide range of archival materials, official documents, and local publications this work focuses on the institutions and actors involved with this contemporary project for the state implementation of Islamic law. The individual chapters are structured to deal with the major components of this system to critically examine how these institutions have taken shape and how they work. It also shows how the overall system was informed not only by aspects of late twentieth-century da'wa discourses of Islamic reform, but also modern trends in sociological jurisprudence and the impact of global models of disaster relief, reconstruction, and development. All of these streams of influence have contributed significantly to shaping the ways in which the architects and agents of the state shari'a system have attempted to use Islamic legislation and legal institutions as tools to steer society in particular desired directions. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

A concise study of the practices in Islamic commercial law

Filling a gap in the current literature, "Islamic Commercial Law" is the only book available that combines the theory and practice of Islamic commercial law in an English-language text. From the experts at the International Islamic University Malaysia, the book examines the source materials in the Qur'an and Hadith, and highlights the views and positions of leading schools of Islamic law, without burying the reader in juristic minutia. It combines theory with practice to address the needs of students while providing a pragmatic treatment of Islamic contracts. It provides diagrams for individual contracts to reveal the type and nature of the contractual relationships between parties and discusses all types of fundamental transactions, including sales, loans, debt transfers, partnerships, and more.Written by experts from the International Islamic University Malaysia, the leading organisation in research in Islamic financeCloses a vital gap in the English-language literature on Islamic commercial lawFeatures end-of-chapter questions to enable self-testing and provoke critical thinking

An ideal guide for current students, researchers, and practitioners, "Islamic Commercial Law" offers a concise yet comprehensive coverage of the subject.

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.

How Islam treats women is one of the most hotly contested questions of our times. Islamic law is often misrepresented as a single monolithic concept, rather than a collection of different interpretations and practices. To move the debate on Islamic law and gender forward, it is necessary to establish how Islamic law actually operates. In this ground breaking work, Chris Jones Pauly explores what conditions sustain the most liberal interpretation of Islamic law on gender issues. She examines the different interpretations, histories and practices of Islamic law in different countries. She finds that the political independence of judicial institutions is a far more important factor than the relative conservativism of the society. This wide-ranging book will provide new insights not only for those studying law and gender, but for anyone with an interest in Islamic societies.

What should be the place of Shari a Islamic religious law in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari a, based on a profound rethinking of the relationship between religion and the secular state in all societies.

An-Na im argues that the coercive enforcement of Shari a by the state betrays the Qur an s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari a. In fact, he suggests, the very idea of an Islamic state is based on European ideas of state and law, and not Shari a or the Islamic tradition.

Bold, pragmatic, and deeply rooted in Islamic history and theology, "Islam" and the Secular State offers a workable future for the place of Shari a in Muslim societies.

Cruel and unusual punishment is one of the most contentious issues in modern times. The condemnation of cruel and unusual punishment is universal. But, what exactly is cruel and unusual punishment? In national and international law the definition of what constitutes cruel and unusual punishment is highly subjective. Almost all countries prohibit inhuman punishments. Countries vary in the extent to which they legally permit what would commonly be considered cruel and degrading punishment or treatment. Most countries absolutely prohibit any form of torture. This book examines which kinds of punishments constitute cruel and unusual, whether these punishments are inherently cruel and unusual, excessive, disproportionate, or unnecessary to society, or inflicted arbitrary. The primary aim of this book is to demonstrate that harshness in the law of punishment such as corporal punishment, long sentences of imprisonment and harshness in the inflexibility of punishment, contradicts with the universal declaration of human rights, and every other law concerning this matter. Another aim of this book is to use a comparative historical approach in illustrating the similarities and differences in cruel and unusual punishments over time and place. In order to achieve this aim, the current practices of harsh punishments in both Iran and United States have been critically reviewed. Through this comparative historical perspective, the reader can gain appreciation of the western and Islamic nature of these punishment practices. About the author: Sanaz Alasti received a S.J.D. (Scientiae Juridicae Doctor) from Golden Gate University School of Law, San Francisco, CA; after obtaining LL.M from Tehran University, and her LL.B with Honors in Tehran, Iran. Dr. Alasti has experience in both criminal justice system of United States and Iran. She has written numerous books and articles on various aspects of Comparative Criminal Justice & Penology. Her most recent books are "Pioneer Criminologists" & "Criminal law and Criminology Dictionary." She has been active in death penalty projects challenging the unfairness and arbitrariness of capital punishment and currently working on: "Teaching Abolition" a project proposing death penalty curriculum to stimulate broader exploration and discussion of capital punishment topics in law schools.

Alhamdulillah, dit boekje weerlegt feitelijk elke leugen die in hun aanval gevonden wordt en stelt de anti Islamitische aard van hun methodes en filosofie bloot. Men vraagt dat elke oprechte Moslim het op zich neemt om deze nuttige weerlegging in elke plaats te verspreiden waar anti Naqshbandi, dus "Salafistische" propaganda gevonden wordt. En al het succes komt van Allah.

'What Happened?' addresses the thorny issue of truth in law, within the context of Muslim societies. The truth, in legal terms, is the version of 'what happened' which carries most authority. This original and thought-provoking book looks at how this narrative is constructed in Muslim societies, and which truths are privileged over others in constructing it. In marriage courts in Egypt for example the truth is deemed to be a version of events that is acceptable to both parties. Looking at a range of contrasting case studies, from Sharia courts to inquiries into police abuse, this book book explores how ordinary stories are transformed into authoritative truths. The case studies are situated in the framework of wider debates about truth, law and power in Middle Eastern societies.

This study focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science elaborates the theoretical and methodological foundations of the law.

"The Spirit of Islamic Law" outlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of the fallibility of human endeavor to capture divine intent; a toleration of legal diversity; a moralistic bent grounded in a particular social vision; and finally, a preoccupation with the affairs of private individuals--especially family relations and contracts--coupled with a concern to define the limits of governmental power.

"The Spirit of Islamic Law" is the fifth book in Georgia's Spirit of Laws series, which illuminates the nature of legal systems throughout the world.

This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqasid al-shari'ah' (the overall objective of Shari'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.