text back » texts back (Expand Search), text band (Expand Search), text book (Expand Search)
law text » raw text (Expand Search), new text (Expand Search)
Islamic jurisprudence on the regulation of armed conflict : text and context /
:
In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a "true" interpretation of the rules regulating armed conflict in Islamic law. In a survey of formative and modern seminal legal works on the subject, the author sheds light on the role played by the sociopolitical context in shaping this branch of jurisprudence and offers a detailed examination of the internal deductive structures of these works.
:
1 online resource. :
Includes bibliographical references and index. :
9789004410626
Islamic Law and Finance : Religion, Risk, and Return /
:
Since banking and financial industries in countries observing Islamic law and the Shari'a are growing fast, it is essential for the West to obtain a better understanding of the interaction between Islamic law and finance. As all financial business is bound by the Shari'a, western lawyers and economists must consider the extent to which flexibility exists in the western system whereby the two systems, western and Islamic, can be brought closer together. This book presents a collection of papers from distinguishesd authors analysing the various attempts to establish a system of Islamic law and finance and it investigates the modes of operations of institutions adopting the Islamic system, drawing on examples such as Malaysia, Iran and Pakistan, ans Egypt - all of which are international and cover a large economically significant area of operations, laws and taxation systems. See Less
:
1 online resource (189 pages) : illustrations. :
Includes bibliographical references and index. :
9789004634800
Arab Islamic Banking and the Renewal of Islamic Law /
:
Over the last several decades the Islamic religious movement has steadily gained importance in the Muslim world, manifesting the desire to modify existing institutions so that they conform to the values of traditional Islamic culture. This new book examines the application of such values to modern finance: Islamic banking. It also attempts to address the surprising lack of familiarity with Islamic banking among Western bankers and lawyers. The Author provides a thorough overview of Islamic banking, its devlopmenty, participants, structure, and aims, goes on to study the Islamic legal contracts undelying it, and finally, by way of a cae study of the Faisal Islamic Bank of Egypt, assesses the financial viability of Islamic banks. He asserts that Arab Islamic banking is a financial system fundamentally different from the system currently dominant throughout the world, and further, is a viable financial phenomenon. The establishment of Islamic banking, which can be seen as a bold new development model for the Muslim world, has necessitated immense intellectual and financial commitments, as well as an empirical approach emphasizing teh adaptation of both modern finance and medieval Islamic law. The text is supplemeted by translations of selected fatwas, and also includes financial information on a large number of Islamic banks.
:
1 online resource (192 pages) : illustrations. :
Includes bibliographical references and index. :
9789004634893
Legal documents from the Judean desert the impact of the Sharīʻa on Bedouin customary law /
:
This volume presents annotated English translations of 74 awards handed down by tribal arbitrators and other legal documents obtained from the Bedouin of the Judean Desert. The documents address such legal issues as blood and sexual offenses, family disputes, inheritance, private transactions in land and water rights, tribal boundaries, contracts and obligations. The documents, some of which date back to the 19th century, provide vital information on the process of Islamization of the tribal customary law in the precinct of the tribal judge. The facsimile reproductions of the manuscripts are included, rendering direct access to the original documents. The study is intended for students of Islamic law, of customary law and of comparative law, and historians interested in the legal, social and economic history of modern Palestine and Jordan. A linguistic essay, by Dr. Mūsā Shawārbah, based on the Bedouin documents, appears at the end of the study.
:
1 online resource. :
Includes bibliographical references (p. [551]-556) and indexes. :
9789004185715 :
Available to subscribing member institutions only.
Ottoman law of war and peace : the Ottoman Empire and its tribute-payers from the north of the Danube /
:
Making use of legal and historical sources, Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of peace and war. He deals with the impact of Ottoman holy war and the way conquest in Southeast Europe took place; the role of temporary covenants, imperial diplomas and customary norms in outlining the rights and duties of the tributary princes; the power relations between the Ottoman Empire and the tributary-protected principalities of Wallachia, Moldavia and Transylvania. He also focuses on the legal and political methods applied to extend the pax ottomanica system in the area, rather than on the elements that set these territories apart from the rest of the Ottoman Empire.
:
1 online resource. :
Includes bibliographical references (pages 411-458) and index. :
9789004411104
Minority religions under Irish law : Islam in national and international context /
:
Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular. Although predominantly focused on the Irish context, the book also boasts contributions from leading international academics, considering questions of broader global importance such as how to create an inclusive environment for minority religions and how to regulate religious tribunals best. Reflecting on issues as diverse as the right to education, marriage recognition, Islamic finance and employment equality, Minority Religions under Irish Law provides a comprehensive and fresh look at the legal space occupied by many rapidly growing minority religions in Ireland, with a special focus on the Muslim community.
:
1 online resource. :
Includes bibliographical references and index. :
9789004398252
Rethinking Islamic legal modernism : the teaching of Yusuf al-Qaradawi /
:
In Rethinking Islamic Legal Modernism Ron Shaham challenges the common opinion that Islamic legal modernism, as represented by Rashid Rida (d. 1935), is of poor intellectual quality and should not be considered an authentic development within Islamic law. The book focuses on the celebrated Sunni jurist, Yusuf al-Qaradawi (b. 1926), whom Shaham perceives as a close follower of Rida. By studying the coherence of Qaradawi's Wasati theory of ijtihad and the consistency of its application in his legal opinions (fatwas), Shaham argues that Qaradawi, by means of eclecticism and synthesis, conducts a bold dialogue with the Islamic juristic heritage and brings it to bear on modern developments, in particular the institutional framework of the nation-state.
:
1 online resource. :
Includes bibliographical references and index. :
9789004369542 :
Available to subscribing member institutions only.
Women and property rights in Indonesian Islamic legal contexts
:
In Women and Property Rights in Indonesian Islamic Contexts , eight scholars of Indonesian Islam examine women's access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women's capabilities and resources in Indonesia, the world's largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami andamp; Atun Wardatun.
:
1 online resource. :
Includes bibliographical references and index. :
9789004386297
Commercial Law in the Middle East /
:
Preface by The Right Honourable The Lord Woolf "[The editors] are to be congratulated on bringing together in a book this significant collection of papers which, together with their introductory overview, provide a 'multi-faceted insight into commercial law and practice in the Middle East'. For those, like myself, who have limited knowledge of the subject, this book will provide an admirable introduction. For those who are already well-informed, there will be found in this book insights as to the development of law and practice in the Middle East which complements their existing knowledge. This book provides an instructive and stimulating contribution to a subject, the importance of which is becoming increasingly appreciated. I congratulate the authors of the papers on their contributions and hope that this book will reach the wide audience it deserves."
:
1 online resource (387 pages) : illustrations. :
Includes bibliographical references and index. :
9789004639546
Sprachphilosophie in der islamischen Rechtstheorie : Zur avicennischen Klassifikation der Bezeichnung bei Faḫr ad-dīn ar-Rāzī (gest. 1210) /
:
In Sprachphilosophie in der islamischen Rechtstheorie untersucht Nora Kalbarczyk das bedeutende rechtstheoretische Werk al-Maḥṣūl fī ʿilm uṣūl al-fiqh von Faḫr ad-dīn ar-Rāzī (gest. 1210). Anhand einer detaillierten Analyse der sprachtheoretischen Abhandlung dieses Werks beleuchtet sie den Einfluss der philosophischen Tradition auf die islamische Rechtstheorie ( uṣūl al-fiqh ) in der sogenannten post-avicennischen Ära (11.-14 Jh.). Im Zentrum steht dabei eine Klassifikation der Bezeichnung ( dalāla ), die sich auf Ibn Sīnā (lat. Avicenna, gest. 1037) zurückführen lässt: Ein Wort kann eine Bedeutung auf dem Wege der Kongruenz ( muṭābaqa ), der Inklusion ( taḍammun ) oder der Implikation ( iltizām ) bezeichnen. Die Autorin zeigt auf, wie Faḫr ad-dīn ar-Rāzī auf der Grundlage der avicennischen Bezeichnungstheorie ein hermeneutisches Instrumentarium entwickelt, das nicht nur für die arabische Philosophie selbst relevant ist, sondern auch für verschiedene Fragestellungen der islamischen Rechtstheorie fruchtbar gemacht wird. In Sprachphilosophie in der islamischen Rechtstheorie Nora Kalbarczyk examines the influential jurisprudential work al-Maḥṣūl fī ʿilm uṣūl al-fiqh (d. 1210). By means of a detailed analysis of the linguistic treatise of this work she highlights the impact of the philosophical tradition on Islamic legal theory (uṣūl al-fiqh) in the so-called post-Avicennian era (11th-14th c.). Her main focus lies on a classification of signification ( dalāla ) that can be traced back to Ibn Sīnā (lat. Avicenna, d. 1037): a word may signify a meaning by way of congruence ( muṭābaqa ), containment ( taḍammun ) or implication ( iltizām ). The author shows how Faḫr ad-dīn ar-Rāzī develops - on the basis of the Avicennian theory of signification - a hermeneutic toolbox which is not only relevant in the context of Arabic philosophy but also useful for different questions of Islamic legal theory.
:
1 online resource (250 pages) :
Includes bibliographical references and index. :
9789004366336 :
Available to subscribing member institutions only.
Legal pluralism in Muslim contexts /
:
Approaches to legal pluralism vary widely across the spectrum of different disciplines. They comprise normative and descriptive perspectives, focus both on legal pluralist realities as well as public debates, and address legal pluralism in a range of different societies with varying political, institutional and historical conditions. Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation. The volume is based on papers presented at a conference in Münster (Germany) in 2016 and comprises contributions by Judith Koschorke, Karen Meerschaut, Yvonne Prief, Ulrike Qubaja, Werner de Saeger, Ido Shahar, Katrin Seidel, Konstantinos Tsitselikis, Vishal Vora and Ihsan Yilmaz.
:
1 online resource. :
Includes bibliographical references and index. :
9789004398269
How muftis think : Islamic legal thought and Muslim women in Western Europe /
:
In How Muftis Think Lena Larsen explores fatwas that respond to questions asked by Muslim women in Western Europe in recent decades. The questions show women to be torn between two opposing notions of morality and norms: one stressing women's duties and obedience, and one stressing women's rights and equality before the law. Focusing on muftis who see "the time and place" as important considerations in fatwa-giving, and seek to develop a local European Islamic jurisprudence on these increasingly controversial issues, Larsen examines how they deal with women's dilemmas. Careful not to suggest easy answers or happy endings, her discussion still holds out hope that European societies and Muslim minorities can recognize shared moral concerns.
:
1 online resource. :
Includes bibliographical references and index. :
9789004367852 :
Available to subscribing member institutions only.
Anthropology of law in Muslim Sudan. Land, courts and the plurality of practices /
:
Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society. It is the outcome of the international research program ANDROMAQUE ( Anthropologie du Droit dans les Mondes Musulmans Africains et Asiatiques ), funded by the French ANR ( Agence National de la Recherche ) between 2011 and 2014. Crossing two disciplinary perspectives, anthropology and law, the present volume contains original fieldwork data on contemporary urban and rural Sudan. Focusing on two major domains, land property and courts, several case studies demonstrate the relevance of an approach based on "legal practices" to underline, first, the plurality and hybridity of law systems and the relative role of the Islamic reference in Sudanese society, and, secondly, the reshaping of legal behaviors and norms after the breaking point of South Sudan's independence in 2011. Contributors are: Zahir M. Abdal-Kareem; Azza A. Abdel Aziz; Musa A. Abdul-Jalil; Munzoul M.A. Assal; Mohamed A. Babiker; Yazid Ben Hounet; Barbara Casciarri; Baudoin Dupret; Philippe Gout; Enrico Ille.
:
1 online resource (xxvii, 315 pages) :
9789004362185 :
Available to subscribing member institutions only.
Locating the Sharīʿa : Legal Fluidity in Theory, History and Practice /
:
The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century. Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
:
1 online resource. :
Includes bibliographical references and index. :
9789004391710 :
Available to subscribing member institutions only.
Observing Islam in Spain : contemporary politics and social dynamics /
:
Islam in Spain has been transformed from a historical to a social matter in recent decades, attracting the attention of experts from a variety of disciplines. However, contributions to the field have been somewhat disperse. The multidisciplinary nature of the research done -mainly by specialists in Islamic Studies, Anthropology, Sociology and Law- has not been conducive to debates between specialists or to the publication of comprehensive works that recognize the wealth of views and findings. Observing Islam in Spain contains the keys to understanding current debates about the presence of Muslim citizens in Spain with regard to symbolism and public space, the law, ritual, the question of re-Islamization and the association-building and political participation of young people and women. Contributors are Marta Alonso Cabré, José María Contreras Mazarío, Khalid Ghali, Aitana Guia, Alberto López Bargados, Salvatore Madonia, Laura Mijares, Jordi Moreras, Ana I. Planet Contreras, Ángeles Ramírez, Óscar Salguero Montaño, Ariadna Solé Arraràs and Virtudes Téllez Delgado.
:
1 online resource (xii, 192 pages) :
Includes bibliographical references and index. :
9789004364998 :
1570-7571 ; :
Available to subscribing member institutions only.
Beyond Schools: Muḥammad born Ibrāhīm al-Wazīrʼs (d. 840/1436) Epistemology of Ambiguity.
:
In Beyond Schools: Muḥammad born Ibrāhīm al-Wazīrʼs (d. 840/1436) Epistemology of Ambiguity , Damaris Wilmers provides the first extensive analysis of Ibn al-Wazīrʼs thought and its role in the "Sunnisation of the Zaydiyya", emphasizing its significance for conflicts between schools of thought and law beyond the Yemeni context. Contrasting Ibn al-Wazīrʼs works with those of his Zaydi contemporary Aḥmad born Yaḥyā born al-Murtaḍā, Damaris Wilmers offers a study of a number of heretofore unedited texts from 9th/15th century Yemen when Zaydi identity was challenged by an increasing theological and legal diversity. She shows how Ibn al-Wazīr, who has been classed with different schools, actually de-emphasized school affiliation and developed an integrative approach based on a unique theory of knowledge.
:
1 online resource. :
9789004381117
Visions of sharīʻa : contemporary discussions in Shi'i legal theory /
:
In Visions of Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory ( uṣūl al-fiqh ) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both 'traditional' seminaries and 'Western' academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Sharīʿa .
:
Includes index.
"This collection of papers is the result of a two-day conference held in August 2015 in St Aidan's College at Durham University, organised jointly by the Al-Mahdi Institute in Birmingham and Durham's research group Islam, Law and Modernity (ILM)." --ECIP preface. :
1 online resource. :
9789004413948