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Books > Law > Other areas of law > Islamic law

Modern Perspectives on Islamic Law (Paperback): Ann Black, Hossein Esmaeili, Nadirsyah Hosen Modern Perspectives on Islamic Law (Paperback)
Ann Black, Hossein Esmaeili, Nadirsyah Hosen
R1,189 Discovery Miles 11 890 Ships in 10 - 15 working days

This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' - Irmgard Marboe, University of Vienna, AustriaThis well-informed book explains, reflects on and analyzes Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman - the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book. Contents: Foreword by The Honorable Sir William Blair Preface Prologue 1. The Nature of Law, and its Relationship with Religion, in Islam 2. Islamic Law and Institutions 3. Seeing a Western Nation through Muslim Eyes: Citizenship and the Sharia in Modern Nation-states 4. Fatwa and Muftis 5. Islamic Family Law 6. Mediation, Arbitration and Islamic Alternative Dispute Resolution 7. Islamic Law and Economics 8. Property Rights, Inheritance Law and Trusts (waqf) 9. Islamic Criminal Law 10. Contemporary Debates On and Within Islam Epilogue Index

Domestic Violence and the Islamic Tradition (Paperback): Ayesha S. Chaudhry Domestic Violence and the Islamic Tradition (Paperback)
Ayesha S. Chaudhry
R1,154 Discovery Miles 11 540 Ships in 10 - 15 working days

How do modern Muslims' attitudes to marital violence and patriarchy relate to the Islamic tradition? In recent years, discussion regarding the interpretation of the Qur'an has become highly controversial. Especially contentious is passage 4:34, which covers the legitimacy of marital violence and the subjugation of women within Islam. Scholarly opinion on the topic is heavily influenced by contemporary context, so the issue remains largely unsettled. While pre-colonial Islamic jurists permitted the use of violence against women, they still held ethical concerns about the disciplinary privileges of husbands. Consequently, the debate for these early scholars was focussed on the level of violence permitted, and how to apply the three disciplinary steps: admonishment, abandonment, and physical abuse. Ayesha Chaudhry argues that all living religious traditions are rooted in a patriarchal, social, and historical context, and they need ways to reconcile gender egalitarian values with religious tradition. Post-colonial, modern Islamic scholars that consult the Qu'ran for gender-egalitarian interpretations must confront a difficult and unique debate: equality vs authority. As in many religions, authority is derived from tradition, rebelling from which results in a loss of authority in the eyes of the community. Chaudhry reveals that Muslims do not speak with one voice about Islam. Instead, Muslim scholarly discourse is spirited and diverse. The voices of contemporary Muslim scholars enrich the scope of the 'Islamic tradition'. Many recent works on Islam strive to promote a 'public relations' image of Islam. This book deals with ethical problems of domestic violence as discussed in historic and contemporary Islamic religious doctrine. The stakes are high, and very real. The author confronts the significant issue of how modern Muslims can relate to Islamic tradition and the Qur'anic text.

Understanding Sharia Processes - Women's Experiences of Family Disputes (Hardcover): Farrah Ahmed, Ghena Krayem Understanding Sharia Processes - Women's Experiences of Family Disputes (Hardcover)
Farrah Ahmed, Ghena Krayem
R2,533 Discovery Miles 25 330 Ships in 10 - 15 working days

This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com Sharia family law processes have attracted increasing debate and controversy in the United Kingdom, Canada and Australia in recent years. While the reasons for opposition to sharia processes are complex, they often feature the concern that sharia processes disadvantage Muslim women. However, to date there has been inadequate attention to the experiences of participants in sharia processes. This book studies women's experiences with these processes in Australia, with attention to the question of how religious communities and liberal legal systems can best respond to the needs of Muslim women who use these processes. In doing so, the book offers unique evidence to inform future policy developments in Australia that will also have implications for other liberal jurisdictions. In this way, the book makes a significant contribution to the international discussion and response to sharia processes.

Domestic Violence and the Islamic Tradition (Hardcover, New): Ayesha S. Chaudhry Domestic Violence and the Islamic Tradition (Hardcover, New)
Ayesha S. Chaudhry
R2,774 Discovery Miles 27 740 Ships in 10 - 15 working days

Modern scholars of most major religious traditions, who seek gender egalitarian interpretations of their scriptural texts, confront a common dilemma: how can they produce interpretations that are at once egalitarian and authoritative, within traditions that are deeply patriarchal? This book examines the challenges and resources that the Islamic tradition offers to Muslim scholars who seek to address this dilemma. This is achieved through extensive study of the intellectual history of a Qur'anic verse that has become especially contentious in the modern period: Chapter 4, Verse 34 (Q. 4:34) which can be read to permit the physical disciplining of disobedient wives at the hands of their husbands. Though this verse has been used by historical and contemporary Muslim scholars in multiple ways to justify the right of husbands to physically discipline their wives, progressive and reformist Muslim scholars and activists offer alternative and non-violent readings of the verse. The diverse and divergent interpretations of Q. 4:34 showcases the pivotal role of the reader in shaping the meaning and implications of scriptural texts. This book investigates the sophisticated and creative interpretive approaches to Q. 4:34, tracing the intellectual history of Muslim scholarship on this verse from the ninth century to the present day. Ayesha S. Chaudhry examines the spirited and diverse, and at times contradictory, readings of this verse to reveal how Muslims relate to their inherited tradition and the Qur'anic text.

The Light of Clarification and Salvation of the Souls - Nur al-idah (Hardcover): Bilal Brown The Light of Clarification and Salvation of the Souls - Nur al-idah (Hardcover)
Bilal Brown; Hasan Bin Ammar Al-Shurunbulali
R754 Discovery Miles 7 540 Ships in 18 - 22 working days
Tawhid and Shari'ah - A Transdisciplinary Methodological Enquiry (Hardcover, 1st ed. 2020): Masudul Alam Choudhury Tawhid and Shari'ah - A Transdisciplinary Methodological Enquiry (Hardcover, 1st ed. 2020)
Masudul Alam Choudhury
R1,415 Discovery Miles 14 150 Ships in 18 - 22 working days

This book invokes the Tawhidi ontological foundation of the Qur'anic law and worldview, and is also a study of ta'wil, the esoteric meaning of Qur'anic verses. It presents a comparative analysis between the Tawhidi methodology and the contemporary subject of Shari'ah. Masudul Alam Choudhury brings about a serious criticism of the traditional understanding of Shari'ah as Islamic law contrary to the holistic socio-scientific worldview of the unity of knowledge arising from Tawhid as the law. A bold repudiation of the Islamic traditional understanding and the school of theocracy, Choudhury's critique is in full consonance with the Qur'an and Sunnah. It is critical of the sectarian (madhab) conception of relational independence of facts. Thus the non-creative outlook of Shari'ah contrasts with universality and uniqueness of Tawhid as the analytically established law explaining the monotheistic organic unity of being and becoming in 'everything'. This wide and strict methodological development of the Tawhidi worldview is articulated in this work. The only way that Tawhid and Shari'ah can converge as law is in terms of developing the Tawhidi methodology, purpose and objective of the universal and unique law in consonance with the ontology of Tawhid. Such a convergence in the primal ontological sense of Tawhid is termed as maqasid as-shari'ah al-Tawhid.

Early Islam in Medina - Malik and His Muwatta' (Hardcover): Yasin Dutton Early Islam in Medina - Malik and His Muwatta' (Hardcover)
Yasin Dutton
R3,173 Discovery Miles 31 730 Ships in 10 - 15 working days

This book considers the transmission of the Sunna through the lens of the great Madinan legal scholar, Imam Malik ibn Anas (d. 179 AH/795 CE), in his renowned book al-Muwatta', or 'The well-trodden path'. It considers not only the legal judgements preserved in this book, but also the key scholars involved in the transmission of these judgements, namely, Malik's teachers and students. These different transmissions provide very strong evidence for the reliability of Malik's transmission of the Sunna. Overriding these textual considerations is the concept of 'amal, or the Practice of the People of Medina. This is accepted as a prime source by Malik and those following him, but is effectively rejected by the other schools, who prefer hadith (textual reports) as an indication of Sunna. Given the contested nature of 'amal in both ancient and modern times, and the general unawareness of it in contemporary Islamic studies, this source receives extended treatment here. This allows for a deeper understanding of the nature of Islamic law and its development, and, by extension, of Islam itself.

Fatwa in Indonesia - An Analysis of Dominant Legal Ideas and Mode of Thought of Fatwa-Making Agencies and Their Implications in... Fatwa in Indonesia - An Analysis of Dominant Legal Ideas and Mode of Thought of Fatwa-Making Agencies and Their Implications in the Post-New Order Period (Hardcover, 0)
Pradana Pradana Boy Ztf
R3,863 Discovery Miles 38 630 Ships in 9 - 17 working days

This book looks at fatwa in Indonesia during the period following the fall of President Suharto. It is an in-depth exploration of three fatwa-making agencies-Majelis Ulama Indonesia, Lajnah Bahth al-Masail Nahdlatul Ulama, and Majelis Tarjih Muhammadiyah-all of which are highly influential in shaping religious thought and the lives of Muslims in Indonesia. Rather than look at all the fatwa that have emerged in the period, Pradana Boy ZTF focuses on those that have strong repercussions for intra-community relations and the development of Indonesian Muslims more generally, including fatwa pertaining to sectarianism, pluralism, secularism and liberalism.

Religious Pluralism and Islamic Law - Dhimmis and Others in the Empire of Law (Hardcover, New): Anver M Emon Religious Pluralism and Islamic Law - Dhimmis and Others in the Empire of Law (Hardcover, New)
Anver M Emon
R4,508 Discovery Miles 45 080 Ships in 10 - 15 working days

The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.

Narratives of Islamic Legal Theory (Hardcover): Rumee Ahmed Narratives of Islamic Legal Theory (Hardcover)
Rumee Ahmed
R3,711 Discovery Miles 37 110 Ships in 10 - 15 working days

In the critical period when Islamic law first developed, a new breed of jurists developed a genre of legal theory treatises to explore how the fundamental moral teachings of Islam might operate as a legal system. Seemingly rhetorical and formulaic, these manuals have long been overlooked for the insight they offer into the early formation of Islamic conceptions of law and its role in social life. In this book, Rumee Ahmed shatters the prevailing misconceptions of the purpose and form of the Islamic legal treatise. Ahmed describes how Muslim jurists used the genre of legal theory to argue for individualized, highly creative narratives about the application of Islamic law while demonstrating loyalty to inherited principles and general prohibitions. These narratives are revealed through careful attention to the nuanced way in which legal theorists defined terms and concepts particular to the legal theory genre, and developed pictures of multiple worlds in which Islamic law should ideally function. Ahmed takes the reader into the logic of Islamic legal theory to uncover diverse conceptions of law and legal application in the Islamic tradition, clarifying and making accessible the sometimes obscure legal theories of central figures in the history of Islamic law. The book offers important insights about the ways in which legal philosophy and theology mutually influenced premodern jurists as they formulated their respective visions of law, ethics, and theology. The volume is the first in the Oxford Islamic Legal Studies series. Satisfying the growing interest in Islam and Islamic law, the series speaks to both specialists and those interested in the study of a legal tradition that shapes lives and societies across the globe. The series features innovative and interdisciplinary studies that explore Islamic law as it operates in shaping private decision making, binding communities, and as domestic positive law. The series also sheds new light on the history and jurisprudence of Islamic law and provides for a richer understanding of the state of Islamic law in the contemporary Muslim world, including parts of the world where Muslims are minorities.

Islamic Law in Action - Authority, Discretion, and Everyday Experiences in Mamluk Egypt (Hardcover): Kristen Stilt Islamic Law in Action - Authority, Discretion, and Everyday Experiences in Mamluk Egypt (Hardcover)
Kristen Stilt
R3,577 Discovery Miles 35 770 Ships in 10 - 15 working days

A dynamic account of the practice of Islamic law, this book focuses on the actions of a particular legal official, the muhtasib, whose vast jurisdiction included all public behavior. In the cities of Cairo and neighboring Fustat during the Mamluk period (1250-1517), the men who held the position of muhtasib acted as regulators of markets and public spaces generally. They traversed their jurisdictions carrying out the duty to command right and forbid wrong, and were as much a part of the legal landscape as the better-known figures of judge and mufti. Taking directions from the rulers, the sultan foremost among them, they were also guided by legal doctrine as formulated by the jurists, combining these two sources of law in one face of authority. The daily workings of the law are illuminated by the reports of the muhtasib in the vivid Mamluk-era chronicles, which often also captured the responses of the individuals who encountered the official. The book is organized around actions taken by the muhtasib in the areas of Muslim devotional and pious practices; crimes and offenses; the management of Christians and Jews; market regulation and consumer protection; the specific markets for essential bread; currency and taxes; and public order. The case studies presented show that while legal doctrine was clearly relevant to the muhtasib's actions, the policy demands of the sultan were also quite significant, and rules from both sources of authority intersected with social, political, economic, and personal factors to create full and vibrant scenarios that reveal the practice of Islamic law.

Philosophy and Jurisprudence in the Islamic World (Hardcover): Peter Adamson Philosophy and Jurisprudence in the Islamic World (Hardcover)
Peter Adamson
R3,640 Discovery Miles 36 400 Ships in 10 - 15 working days

This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Farabi. While such authors sought to put law in its place relative to the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazali and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians.

Islamic Finance and Circular Economy - Connecting Impact and Value Creation (Hardcover, 1st ed. 2021): Syed Nazim Ali, Zul... Islamic Finance and Circular Economy - Connecting Impact and Value Creation (Hardcover, 1st ed. 2021)
Syed Nazim Ali, Zul Hakim Jumat
R4,646 Discovery Miles 46 460 Ships in 10 - 15 working days

This book is the first of its kind to provide a critical overview and theoretical analysis of the Circular Economy from Shariah and Islamic Finance perspectives. The book is divided into three parts. The contributing authors pay close attention to Islamic Finance in light of sustainability and value creation. It also includes case studies on the Circular Economy application in Islamic Finance industry. The book is of interest to academics, students, and practitioners on Islamic Economics and Finance who have an interest in understanding the Circular Economy under the lens of Islamic Finance principles and applications.

Contemporary Rationalist Islam in Turkey - The Religious Opposition to Sunni Revival (Hardcover): Gokhan Bacik Contemporary Rationalist Islam in Turkey - The Religious Opposition to Sunni Revival (Hardcover)
Gokhan Bacik
R3,184 Discovery Miles 31 840 Ships in 10 - 15 working days

Nineteenth-century Istanbul was an intellectual hub of rich discussions about Islam, in which leading reformists had a significant role. Turkey today appears to be an intellectual vacuum to anyone searching for ongoing critical engagement with Islam. The main purpose of this book is to adjust this view of Turkey by showcasing the modern Turkish theologians who challenge mainstream Sunni interpretations of Islam. Labelling these theologians as 'rationalist' rather than 'reformist', the author reveals that their theology is inherently anti-establishment and thus a religiously-oriented challenge to the hegemony of the state-sanctioned Islam: for the rationalists, Turkey's problems have their origins in the Sunni interpretation of Islam. Contemporary Rationalist Islam in Turkey analyses nine prominent scholars of Islam who provide a religious opposition to the Sunni revival in Turkey: Huseyin Atay, Yasar Nuri OEzturk, M. Hayri Kirbasoglu, Ilhami Guler, R. Ihsan Eliacik, OEmer OEzsoy, Mustafa OEzturk, Israfil Balci, and Mehmet Azimli. These scholars' writings are almost exclusively published in Turkish, so this book makes their ideas available in English for the first time. It also examines the scope, methodology and argumentation of the scholars' theology, categorizing their theological interpretations from 'historicist' to 'universalist' and from 'empiricist' to 'rationalist'. In identifying a new 'rationalist' school of Turkish theology and outlining its different manifestations, the book breaks new ground. It fills a significant gap in the literature on Islamic studies and reveals an understudied dimension of Turkey and Turkish Islam beyond the well-known ideas of the AKP and the Gulenists.

Islamic Banking and Finance - Second edition (Hardcover, 2nd edition): Hasan Zubair Islamic Banking and Finance - Second edition (Hardcover, 2nd edition)
Hasan Zubair
R3,629 Discovery Miles 36 290 Ships in 10 - 15 working days

1) This is a lucid and comprehensive volume on Islamic Banking and Finance. 2) It is written by Award Winning Indian Economist Professor Zubair Hasan. 3) This book will be of interest to departments of Economics across UK and USA.

Knowledge of the Gods (Hardcover): Ali Mahdi Muhammad Knowledge of the Gods (Hardcover)
Ali Mahdi Muhammad
R699 R659 Discovery Miles 6 590 Save R40 (6%) Ships in 18 - 22 working days
Moral Rationalism and Shari'a - Independent rationality in modern Shi'i usul al-Fiqh (Paperback): Ali-Reza Bhojani Moral Rationalism and Shari'a - Independent rationality in modern Shi'i usul al-Fiqh (Paperback)
Ali-Reza Bhojani
R1,324 Discovery Miles 13 240 Ships in 9 - 17 working days

Moral Rationalism and Shari'a is the first attempt at outlining the scope for a theological reading of Shari'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shi'i readings of Shari'a. Within Shi'i works of Shari 'a legal theory (usul al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur'an and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shi 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shi'i adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Shari 'a norms within mainstream contemporary Shi'i thought. Through a close examination of the notion of independent rationality as a source in modern Shi'i usul al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Shari 'a are shown to be purely epistemic. In line with the 'emic' (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Shari'a that is consistent with the fundamental moral rationalism of Shi'i thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Shari'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent

Gender Justice in Islamic Law - Homicide and Bodily Injuries (Hardcover): Musa Usman Abubakar Gender Justice in Islamic Law - Homicide and Bodily Injuries (Hardcover)
Musa Usman Abubakar
R3,182 Discovery Miles 31 820 Ships in 10 - 15 working days

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.

Islamic Financial Contracts - A Research Companion (Paperback): Nasir Iqbal, Hussain Mohi-Ud-Din Qadri Islamic Financial Contracts - A Research Companion (Paperback)
Nasir Iqbal, Hussain Mohi-Ud-Din Qadri
R1,247 Discovery Miles 12 470 Ships in 10 - 15 working days

Islam encourages business and financial transactions as a way of securing the basic needs for all human beings, but these need to be conducted in accordance with the principles contained in the Qur'an and Sunnah. However, these legal concepts are not classified subject-wise, and the verses on commercial law, like all other topics, are scattered throughout the Qur'an, making it difficult for readers to gain a full understanding of the topic. This, therefore, is the first comprehensive book to demystify Islamic contract law and specifically Islamic financial contracts, and to examine its roots and history. The book is written in a clear style to allow for a greater understanding of the more challenging and misunderstood areas pertaining to Islamic business and financial contracts. It also contributes a series of chapters which address the market niche and need, concerning Shariah compliance for Islamic financial products and services. The book is divided into 16 chapters in order to provide a holistic and thorough overview of Islamic law of contract. It covers the objections and misconceptions surrounding Islamic business and financial contracts. It also includes the key features and guiding principles of Islamic law of contract and offers technical know-how, illustrating the concept of formation of a contract, as well as the essential elements of a valid contract. The authors also offer a discussion on the system of options under Islamic business and financial contracts and potential solutions to breach of contracts. The book will serve as a handy reference for scholars and students of Islamic business and finance and Islamic commercial law and will also be beneficial for practitioners as well as legal and judicial officers. It will open new doors for further research in the field of Islamic financial contracts.

The KORAN's CHALLENGE TO ISLAM (paperback) (Paperback): Khalid Sayyed The KORAN's CHALLENGE TO ISLAM (paperback) (Paperback)
Khalid Sayyed
R518 Discovery Miles 5 180 Ships in 18 - 22 working days

So what exactly is Islam? And what does the Koran (Qur'an), Islam's most sacred text, REALLY teach? Professor Khalid Sayyed presents this insightful and comprehensive study, that will undoubtedly shed light on a number of problematic themes concerning the practice and philosophy of Islam in today's world. This attractively-priced paperback version, fully indexed, is a must for any serious student of Islam..... A review from Dr Syed Husain, Cambridge University: "To my mind, what makes THE QURAN'S CHALLENGE TO ISLAM most welcome is the author's desire to avert clashes caused by misunderstandings about Islam today. Illustrating the author's ground-breaking research, this unusual piece of work convincingly acquaints the Muslim as well as the non-Muslim world with what Islam is and what it really means. Sayyed very clearly highlights the differences and conflicts which the Muslim Holy Scripture has with the conventional beliefs of Islam."

Islamic History and Law - From the 4th to the 11th Century and Beyond (Hardcover, 1st ed. 2016): Labeeb Ahmed Bsoul Islamic History and Law - From the 4th to the 11th Century and Beyond (Hardcover, 1st ed. 2016)
Labeeb Ahmed Bsoul
R2,945 Discovery Miles 29 450 Ships in 10 - 15 working days

In Islamic History and Law, Labeeb Ahmed Bsoul undertakes an extensive examination of Islamic intellectual history, covering ages that witnessed different movements and doctrinal trends. While political and geographical factors certainly influenced the Islamic religious sciences, internal and intellectual factors exerted a much more substantial influence. This study gives priority to jurists' intellectual operations throughout the Muslim world, covering the historical development of Islamic jurisprudence from the middle of 4th century. Bsoul's examination of jurisprudential advances takes into account the shifting dominance of particular centers of legal scholarship in light of competing doctrines and their adherents. This work sheds light on jurists of North Africa and the Andalus, who are rarely mentioned in general modern works, and also aims to demonstrate Muslim women's important role in the history of jurisprudence, highlighting their participation in the Islamic sciences. Bsoul relies mainly on Arabic primary sources to give an impartial presentation of these jurists and produce an accurate memory of the past based on objective knowledge.

Formation of the Islamic Jurisprudence - From the Time of the Prophet Muhammad to the 4th Century (Hardcover, 1st ed. 2016):... Formation of the Islamic Jurisprudence - From the Time of the Prophet Muhammad to the 4th Century (Hardcover, 1st ed. 2016)
Labeeb Ahmed Bsoul
R2,984 Discovery Miles 29 840 Ships in 10 - 15 working days

Islamic jurisprudence has undergone many historical changes since the time of Prophet Muhammad, and researchers have divided its development into several historical stages. In Formation of the Islamic Jurisprudence, Labeeb Ahmed Bsoul presents the history of Islamic jurisprudence from its earliest period. Drawing upon a wide variety of Arabic primary sources to provide an inclusive, unbiased view of the history of jurisprudence, this book covers all the main centers of legal scholarship in the Islamic world, addressing not only the four well-known Sunni legal schools but also defunct Sunni and sectarian legal schools. Bsoul makes intellectual history the center of attention, recognizing the contributions of women to legal scholarship, and avoids attributing academic developments to the events of political history. This book presents a new reading and understanding as Bsoul critically assesses the history, development, and impact of Islamic jurisprudence in the Muslim world.

The Objectives of Islamic Law - The Promises and Challenges of the Maqasid al-Shari'a (Hardcover): Idris Nassery, Rumee... The Objectives of Islamic Law - The Promises and Challenges of the Maqasid al-Shari'a (Hardcover)
Idris Nassery, Rumee Ahmed, Muna Tatari; Epilogue by Anver Emon; Contributions by Cefli Ademi, …
R3,092 Discovery Miles 30 920 Ships in 10 - 15 working days

Scholars, thinkers, and activists around the world are paying increasing attention to a legal reform method that promises to revolutionize the way people think about Islamic law. Known as "The Objectives of the Shari'a" (maqasid al-shari'a), the theory offers a way to derive and apply new Islamic laws using an ancient methodology. The theory identifies core objectives that underlie Islamic law, and then looks at inherited Islamic laws to see whether they meet those objectives. According to the maqasid theory, historical Islamic laws that meet their objectives should be retained, and those that do not-no matter how entrenched in practice or embedded in texts-should be discarded or reformed. Recently, several scholars have questioned the maqasid theory, arguing that it is designed not to reform laws, but to support existing power structures. They warn that adopting the maqasid wholesale would set the reform project back, ensuring that inherited Islamic laws are never fully reformed to agree with contemporary values like gender-egalitarianism and universal human rights. The Objectives of Islamic Law: The Promises and Challenges of the Maqasid al-Shari'a captures the ongoing debate between proponents and skeptics of the maqasid theory. It raises some of the most important issues in Islamic legal debates today, and lays out visions for the future of Islamic law.

Revisiting Muslim Women's Activism - Islam, Political Field and Women's Rights (Hardcover): Esita Sur Revisiting Muslim Women's Activism - Islam, Political Field and Women's Rights (Hardcover)
Esita Sur
R3,785 Discovery Miles 37 850 Ships in 10 - 15 working days

This book traces the evolution of organisational activism among Muslim women in India. It deconstructs the 'Muslim woman' as the monolith based on tropes like purdah, polygamy, and tin talaq and compels the reader to revisit the question of Muslim women's individual and collective agency. The book argues that the political field, along with religion, moulds the nature and scope of Muslim women's activism in India. It looks at the objectives of four Muslim women's organisations: the Bazm-e-Niswan, the Awaaz-e-Niswaan, the Bharatiya Muslim Mahila Andolan and the India International Women's Alliance (IIWA), in close interaction with the political landscape of Mumbai. The book explores the emergence of gender-inclusive interpretation of Muslim women's rights by Muslim women activists and challenges the dominant and reductionist stereotypes on Muslim women, community, and absolutist ideas of Islam. It argues that Muslim women are not passive victims of their culture and religion, rather they can develop a critique of their marginality and subjugation from within the community. Revisiting Muslim Women's Activism traces the evolution of a community-centric approach in women's activism and records a fragmented view on women's rights from within the community and religious leadership. It also delineates the distinctiveness of this activism that considers religion and culture as resources for empowerment and as sites of contestations. Moreover, the book documents the narratives of Muslim women's struggle and resistance from their location and lived experiences. It will be of interest to students and researchers of women's studies, gender studies, political science, sociology, anthropology, law, and Islamic studies.

Contemporary Issues in Islamic Law, Economics and Finance - A Multidisciplinary Approach (Hardcover): Flavia Cortelezzi,... Contemporary Issues in Islamic Law, Economics and Finance - A Multidisciplinary Approach (Hardcover)
Flavia Cortelezzi, Alessandro Ferrari
R4,235 Discovery Miles 42 350 Ships in 10 - 15 working days

This book explores how Islam can impact the structures and performance of firms, financial institutions and capital markets across a range of countries and industries. The Islamic finance industry represents an important reality not only because of the oil wealth of the Gulf states, which have fueled demand for such financial services, but also for an increased demand from a growing Muslim population in the West that aspires to express a full and all-inclusive religious identity. The increased demand for Muslim financial institutions has prompted Western non-Islamic firms to begin providing these services in an interesting effort of acculturation to the new plural scenario. By adopting a multidisciplinary approach, which also takes into account the theological, legal and geopolitical framework, the book offers a comprehensive picture of Islamic financial tools, contracts and business opportunities. Drawing on different fields of expertise, it deals with various themes, such as the theological roots of Islamic economics and finance and its geopolitical impact; the EU policy of cooperation with MENA and GCC countries; the instruments of Islamic finance, its legal principle and ability to become an instrument for enhancing business opportunities; the functioning of Islamic banks; the development of capital markets within a financial model influenced by religious constraints and, finally, the new relationships of this religious financial system with Western legal systems. The book thus provides a complete and extensive overview of the practice of Islamic finance through the lenses offered by studies of economics and management. Providing a careful analysis and an integrated framework of geo-economic and political issues, the book will be a valuable resource for academics, researchers and professionals in International Business, Entrepreneurship and Small Business Management, Law and Religion and Intercultural Studies.

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