Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law codified and adapted by modern nation-states that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a groundbreaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women s rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women s groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights. "

The current rise of Islamism throughout the Muslim world, Islamists' demand for the establishment of Islamic states, and their destabilizing impact on regional and global orders have raised important questions about the origins of Islamism and the nature of an Islamic state. Beginning with the Iranian revolution of the late 1970s and the establishment of the Islamic Republic to today's rise of ISIS to prominence, it has become increasingly apparent that Islamism is a major global force in the twenty-first century that demands acknowledgment and answers. As a highly-integrated belief system, the Islamic worldview rejects secularism and accounts for a prominent role for religion in the politics and laws of Muslim societies. Islam is primarily a legal framework that covers all aspects of Muslims' individual and communal lives. In this sense, the Islamic state is a logical instrument for managing Muslim societies. Even moderate Muslims who genuinely, but not necessarily vociferously, challenge the extremists' strategies are not dismissive of the political role of Islam and the viability of an Islamic state. However, sectarian and scholastic schisms within Islam that date back to the prophet's demise do undermine any possibility of consensus about the legal, institutional, and policy parameters of the Islamic state. Within its Shi'a sectarian limitations, this book attempts to offer some answers to questions about the nature of the Islamic state. Nearly four decades of experience with the Islamic Republic of Iran offers us some insights into such a state's accomplishments, potentials, and challenges. While the Islamic worldview offers a general framework for governance, this framework is in dire need of modification to be applicable to modern societies. As Iranians have learned, in the realm of practical politics, transcending the restrictive precepts of Islam is the most viable strategy for building a functional Islamic state. Indeed, Islam does provide both doctrinal and practical instruments for transcending these restrictions. This pursuit of pragmatism could potentially offer impressive strategies for governance as long as sectarian, scholastic, and autocratic proclivities of authorities do not derail the rights of the public and their demand for an orderly management of their societies.

The twenty-first century has been significantly shaped by the growing importance of religion in international politics resulting in rising polarization among nation states. This new dynamic has presented new challenges to international human rights principles. This book deals with some of these new challenges, particularly the growing demand by Muslim states for protection of Islamic religion from blasphemy and defamation. Member states of the Organization of Islamic Cooperation (OIC), through resolutions at the United Nations, made efforts to introduce laws that globally protect Islamic religion from blasphemy and defamation. The bid by OIC member states faced opposition from Western countries. The conflicting claims of the two sides are discussed in this book. The book clearly shows the impact of blasphemy and defamation of religion laws on certain aspects of fundamental human rights principles.

Der Band enthalt die auf der Jahrestagung der "Gesellschaft fur Arabisches und Islamisches Recht" (GAIR) im Oktober 2015 an der Universitat Goettingen gehaltenen Vortrage. Thema der Tagung war "Genderforschung und Genderfragen im islamischen Recht". Die Vortrage werden erganzt um zwei weitere, themenrelevante Fachbeitrage. Die Autoren gehen in den Beitragen zum einen der Frage nach, welche Rolle und Bedeutung die Geschlechterforschung im Recht hat. Zum anderen wird anhand empirischer Beispiele die Geschlechterstellung im deutschen Recht und im islamischen Recht - in Deutschland und in der muslimischen Welt - definiert und diskutiert.

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.

This is an in-depth and insightful study of Shari'ah governance from a theoretical and practical perspective. Shari'ah governance has a profound influence on the day-to-day practice of Islamic Financial Institutions (IFIs) and each jurisdiction has adopted a different approach to developing a governance framework. Hasan Zulkifli reviews these pluralistic approaches and identifies best practice. It comes with examples, case studies and practical discussions based on IFIs in the UK, Malaysia and the GCC countries of Bahrain, UAE, Qatar, Kuwait and Saudi Arabia. The topics covered include: the theory behind corporate and Shari'ah governance; the regulatory framework for Shari'ah governance; Shari'ah governance approaches; the Shari'ah Board's role and how it retains its independence, transparency and competence; the operational procedures of Shari'ah governance; and, the effectiveness of the Shari'ah Board and how it could be improved.

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.

When the Islamic Institute of Civil Justice announced it would begin offering Sharia-based services in Ontario, a subsequent provincial government review gave qualified support for religious arbitration. However, the ensuing debate inflamed the passions of a wide range of Muslim and non-Muslim groups, garnered worldwide attention, and led to a ban on religiously based family law arbitration in the province. Debating Sharia sheds light on how Ontario's Sharia debate of 2003-2006 exemplified contemporary concerns regarding religiosity in the public sphere and the place of Islam in Western nation states.

Focusing on the legal ramifications of Sharia law in the context of rapidly changing Western liberal democracies, Debating Sharia approaches the issue from a variety of methodological perspectives, including policy and media analysis, fieldwork, feminist examinations of the portrayals of Muslim women, and theoretical examinations of religion, Sharia, and the law. This volume is an important read for those who grapple with ethnic and religio-cultural diversity while remaining committed to religious freedom and women's equality.

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.

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.

Understanding Islamic law is crucial not only for Muslims, but for non-Muslims who work with Muslims in legal contexts as well as for anyone wanting to understand the role of Islam in the world today. For unlike western legal systems where religious and legal spheres are kept separate, Islamic law is all-encompassing, directing all human actions. Legal scholar Hisham Ramadan brings together articles to give an excellent overview of the formation of Islamic law and its role in contemporary Islamic and Non-Islamic states. Following an overview of Islamic Law, chapters cover Islamic criminal law, International Humanitarian Law, contract law, & family law. A concluding essay offers an explanation of the legal value of Islam and appendices include original Islamic legal documents from Muhammad's time until today.

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.