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
General
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