Custom in Islamic Law and Legal Theory

The Development of the Concepts of ?Urf and ??dah in the Islamic Legal Tradition

Author: Ayman Shabana

Publisher: Springer

ISBN: 0230117341

Category: Religion

Page: 246

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This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).

Islamic Law

Theory and Practice

Author: Robert Gleave,Eugenia Kermeli

Publisher: I.B.Tauris

ISBN: 9781860646522

Category: Philosophy

Page: 248

View: 1675

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This book deals with the theory and practice of Islamic law in both the formative classic and modern periods and over a wide range of societies. The book also focuses on the role of Ijtihad in both Sunni and Shi'i fiqh and in collections of fatwa

Law and Tradition in Classical Islamic Thought

Studies in Honor of Professor Hossein Modarressi

Author: M. Cook,N. Haider,I. Rabb,A. Sayeed

Publisher: Springer

ISBN: 1137078952

Category: Social Science

Page: 326

View: 7902

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Bringing together essays on topics related to Islamic law, this book is composed of articles by prominent legal scholars and historians of Islam. They exemplify a critical development in the field of Islamic Studies: the proliferation of methodological approaches that employ a broad variety of sources to analyze social and political developments.

Shi'i Jurisprudence and Constitution

Revolution in Iran

Author: A. Boozari

Publisher: Springer

ISBN: 0230118461

Category: Religion

Page: 252

View: 5628

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Focusing substantially on the relation between the concept of constitutionalism and Islamic Law in general and how such relation is specifically reflected in the Shiite jurisprudence, this volume explores the juristic origins of constitutionalism, especially in the context of 1905 Constitutional Revolution in Iran.

Gerichtspraxis Im Stadtstaat Córdoba

Zum Recht Der Gesellschaft in Einer Mālikitisch-islamischen Rechtstradition Des 5./11. Jahrhunderts

Author: Christian Müller

Publisher: BRILL

ISBN: 9789004113541

Category: Religion

Page: 468

View: 3779

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This study focuses on judicial practice in the Andalusian metropolis of Cordoba during the years 456/1064 to 464/1072. The author analyses the writings of councils of the judiciary, who commented, often controversially, on cases heard by courts pertaining to different judiciary systems. These texts offer new insights into the organization of the city's judiciary and its social and economic life. They allow for a precise definition of the relation between the qadi and governmental jurisdiction. By examining both realms, the author demonstrates -for the first time in a pre-Ottoman context- that "fiqh," the Islamic system of ethical and juridical norms, was held, by all forms of the judiciary of this Muslim capital, to constitute a fundamental component of the legal system. The author develops a new interpretation of the reciprocity between society and law.

The Fatigue of the Shari‘a

Author: A. Ahmad

Publisher: Springer

ISBN: 1137015004

Category: Social Science

Page: 208

View: 8102

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The Fatigue of the Shari'a places on a continuum two kinds of debates: debates in the Islamic tradition about the end of access to divine guidance and debates in modern scholarship in Islamic legal studies about the end of the Shari'a. The resulting continuum covers what access to divine guidance means and how it relates to Shari'a.

Theory and Practice of Modern Islamic Finance

The Case Analysis from Australia

Author: Abu Umar Faruq Ahmad

Publisher: Universal-Publishers

ISBN: 1599425173

Category: Business & Economics

Page: 324

View: 9438

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Theory and Practice of Modern Islamic Finance seeks to contribute to the existing body of work in the area of Islamic finance through examining the extent of divergence in practice of Islamic financing from the traditional Shari'ah in the Australian context. The author makes a discursive analysis of the regulation of Islamic finance in Australia in terms of (a) the financing instruments used, (b) certainty of transactions between participants in the system, and (c) institutional risk management of Islamic financial institutions. The work's objectives are two-fold: (a) to analytically study the extent to which Islamic Financial Services Providers (IFSPs) of Australia differ from the traditional Shari'ah in their current practices of Islamic legal financial system by their use of different financial products and techniques, and (b) to create awareness and transparency about the various products and instruments used by IFSPs of Australia. REVIEWS "It is indeed a most comprehensive, methodologically sound, well organised, lucid, comprehensively documented and analysed, and convincingly argued and concluded research. It systemically addressed all the research questions raised and very convincingly and successfully resolved them to logical conclusions. The study can convincingly claim to have made a breakthrough in the frontier of knowledge in the field of Islamic finance" Professor R. I. Molla, Multimedia University, Malaysia "Discussions of the topics throughout the book are logically coherent and presented in plain language. It is an insightful, well researched, logically organised and lucidly presented research work having overwhelming strengths and very limited weaknesses. I have no hesitation to say that this book may provide useful guidelines for dealing with the emerging issue of Islamic finance around the world.." Dr. S. M. Solaiman, The University of Wollongong, Australia "I have gone through for the most part of author s present work and found that it was excellent. I must congratulate him for preparing a research work of such standard. It was due to his extreme commitment, sense of professionalism, and perseverance." Professor A. B. Rafique Ahmad, Pro-VC, International Islamic University Chittagong, Bangladesh "I read this book on Islamic finance with lots of interest. It is one of the finest pieces of writing, in terms of content, eyes to detail, referencing and scholarly analysis. It is often a challenge to simplify such a complex subject without loosing the necessary details. There are very few Islamic books that introduce all jurisdictions. This book filled in this gap through making an unbiased objective reading. The book have covered very valid governance issues such as the conflict of interest of the regulators (Shari'ah Board), the products resembling conventional loans and the reluctance of sharing the full risk. While Islamic Institutions may shy away from the author, his talent will be highly sought in academia and research circles." Dr. Shahadat Chowdhury, School of Civil and Environmental Engineering, University of New South Wales, Sydney, Australia This book appears to be the only major research monograph on Islamic finance in Australia. The historical, rational and critical methodology of this book follows the scientific research methodology of the great twentieth century philosopher of science Karl Popper. The clarity and logical rigour resulting from this approach is one of the major strengths of this work. Chapters 1-3 and 5 are of excellent quality and reflect Dr Ahmad's authoritative knowledge in the field of Islamic law. Chapters 6-11 reflect not only Dr Ahmad's expertise in Islamic financial law, evident in previous chapters but also his extensive practical experience in his advisory and consultancy work. The book raises many questions for future research, including, how to resolve the perceived divergence of financial practice from Islamic law and the development of a fully satisfa

Origin and Development of Islamic Law

Author: Majid Khadduri,Herbert J. Liebesny

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584778644

Category: History

Page: 395

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The Origin and Development of Islamic Law. A committee from The Middle East Institute, led by George Camp Keiser, Chairman of the Board of Governors, enlisted outstanding authorities on Middle East law to contribute chapters on specific topics. Includes an extensive glossary of Islamic legal terms. With a foreword by Robert H. Jackson (Associate Justice, Supreme Court of the United States). Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs, including War and Peace in the Law of Islam.Herbert J. Liebesny [1911-1985] was a member of the Advisory Board of the Middle East Journal and author of The Government of French North Africa and Foreign Legal Systems: A Comparative Analysis.

Sharia and the Making of the Modern Egyptian

Islamic Law and Custom in the Courts of Ottoman Cairo

Author: Reem A. Meshal

Publisher: I.B.Tauris

ISBN: 1617975737

Category: History

Page: 304

View: 3438

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In this new study, the author examines sijills, the official documents of the Ottoman Islamic courts, to understand how sharia law, society, and the early-modern economy of sixteenth- and seventeenth-century Ottoman Cairo related to the practice of custom in determining rulings. In the sixteenth century, a new legal and cultural orthodoxy fostered the development of an early-modern Islam that broke new ground, giving rise to a new concept of the citizen and his role. Contrary to the prevailing scholarly view, this work adopts the position that local custom began to diminish and decline as a source of authority. These issues resonate today, several centuries later, in the continuing discussions of individual rights in relation to Islamic law.