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Shari'a in the Modern Era

Author: Iyad Zahalka

Publisher: Cambridge University Press

Published: 2016-04-01

Total Pages: 225

ISBN-13: 1316473074

Written by the Qadi (judge) of the Shari'a Court of Jerusalem and former director of the Shari'a Court system in Israel, this book offers a unique perspective on the religious law of Muslim minorities living in the West. Specifically, it explores the fiqh al-aqalliyyāt doctrine of religious jurisprudence developed by modern Islamic jurists to resolve the challenges of maintaining cultural and religious identity in majority non-Muslim societies. The author examines possible applications across numerous cultural and geographical contexts, answering such questions as: what are the rules for assuming political and public roles, and should one deposit money that incurs interest? Building on a growing scholarship, this book aims to resolve points of view and facets of religious law that have been neglected by previous studies. Accessibly written, Shari'a in the Modern Era is designed to promote cross-cultural understanding among readers of all faiths.

Shari'a in the Modern Era

Author: Iyad Zahalka

Publisher:

Published: 2016

Total Pages:

ISBN-13: 9781316476376

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The Politics of Islamic Law

Author: Iza R. Hussin

Publisher: University of Chicago Press

Published: 2016-03-31

Total Pages: 360

ISBN-13: 022632348X

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In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

Islamic Law

Author: Hunt Janin

Publisher: McFarland

Published: 2015-01-09

Total Pages: 216

ISBN-13: 1476608814

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The sharia is a set of traditional laws that define a Muslim's obligations to God and his fellow human beings. Westerners often misunderstand the nature of the sharia, born as it is of a complicated legal and academic tradition that may not always seem relevant to today's world. Written for those unfamiliar with Islam, this volume provides an accurate and objective assessment of the sharia's achievements, shortcomings and future prospects. It explores the fundamentals of Islam and traditional sharia laws. In addition, the sharia is discussed with respect to Ottoman law, puritanism and jihad. The sharia's relevance to today's world events is also explored. Among items provided in appendices are a commentary on a Western translation of the concept of jihad and an analysis of the sharia in 29 selected countries.

Modern Perspectives on Islamic Law

Author: E. Ann Black

Publisher: Edward Elgar Publishing

Published: 2013-01-01

Total Pages: 319

ISBN-13: 0857934473

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'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, Austria This well-informed book explains, reflects on and analyses 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.

Understanding Sharia

Author: Raficq S. Abdulla

Publisher: Bloomsbury Publishing

Published: 2018-04-30

Total Pages: 270

ISBN-13: 1786724057

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Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs.

Reasoning with God

Author: Khaled Abou El Fadl

Publisher: Rowman & Littlefield

Published: 2014-10-23

Total Pages: 557

ISBN-13: 1442238445

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In light of recent concern over Shari’ah, such as proposed laws to prohibit it in the United States and conflict over the role it should play in the new Egyptian constitution, many people are confused about the meaning of Shari‘ah in Islam and its role in the world today. In Reasoning with God, renowned Islamic scholar Khaled Abou El Fadl explains not only what Shari‘ah really means, but also the way it can revitalize and reengage contemporary Islam. After a prologue that provides an essential overview of Shari‘ah, Abou El Fadl explores the moral trajectory of Islam in today’s world. Weaving powerful personal stories with broader global examples, he shows the ways that some interpretations of Islam today have undermined its potential in peace and love. Rather than simply outlining challenges, however, the author provides constructive suggestions about how Muslims can reengage the ethical tradition of their faith through Shari‘ah. As the world’s second largest religion, Islam remains an important force on the global stage. Reasoning with God takes readers—both Muslim and non-Muslim—beyond superficial understandings of Shari‘ah to a deeper understanding of its meaning and potential.

Shari'a Politics

Author: Robert W. Hefner

Publisher: Indiana University Press

Published: 2011-04-04

Total Pages: 346

ISBN-13: 0253223105

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One of the most important developments in Muslim politics in recent years has been the spread of movements calling for the implementation of Shari'a or Islamic law. Shari'a Politics maps the ideals and organization of these movements and examines their implications for the future of democracy, citizen rights, and gender relations in the Muslim world. These studies of eight Muslim-majority societies, and state-of-the-field reflections by leading experts, provide the first comparative investigation of movements for and against implementation of Shari'a. These essays reveal that the Muslim public's interest in Shari'a does not spring from an unchanging devotion to received religious tradition, but from an effort to respond to the central political and ethical questions of the day. -- Publisher description.

Revival of Shariah in Modern Era

Author: Hussain Khan

Publisher: Independently Published

Published: 2019-01-07

Total Pages: 170

ISBN-13: 9781793273277

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Will Shariah be Ineffective in America? SHARIA IS NEVER AN IMPEDIMENT TO PROGRESS IN ANY AGE. ? American system of justice is producing a rotten way of life, full of crimes, drugs, homicides, financial and political scandals, rapes, divorces, disintegration of family life and what not? How a pious Muslim can recommend such a rotten collective life to American Muslims? " If we study Quran, Sunnah and principles of Ijtehad, Shariah can render a better system of justice than what is now prevailing in America. Despite being orthodox, Saudi system of justice has almost eliminated crime in Saudi Arabia. Taliban also eliminated crime and drugs from Afghanistan during a brief period of their 5-year rule. Can you claim that American system of justice, with which you are satisfied and happy, can eliminate crime, drugs, rapes, divorces and several other evils in their social, economic, financial and political lives? Do you think the new financial regulations being introduced by Obama can cure all the financial ills of interest and leveraged-based, speculative American Capitalism? Will the debt-ridden American society be saved by such cosmetic measures of Federal Reserve Board, as printing dollars and rescuing banks and the bankrupted companies like General Motors and Chrysler, which were once pride of America, through those printed dollars in addition to trillions of Federal debt sold in bonds to China, Japan and other Asian countries? Can American system of justice produce that level of Morality, which Islam can? Are there no scandals in Wall Street and in entire financial and political life in America? You are recommending such a rotten system to Muslims! How it can be superior to a collective life that Sharia would produce? We should rather make Dawah to non-Muslims for divine Shariah to save them from their present wretched, hell-like life, full of stress and with lack of peace of mind and heart. Allah has sent guidance to us not only for the private life. It is our duty and mission as a Muslim to let them appreciate that they are now suffering in their collective lives due to not accepting the divine guidance in their financial, economic, political, social, family and all other walks of life."Sharia is never an impediment to progress. It is very strange that a pious Muslim like you can think of abandoning Shariah to achieve progress. The truth is rather the reverse of it. Muslims can progress through Sharia. I again recommend you to read Feldstein, a Harvard Law Professor, book on Shariah. He maintains that Muslims became and remained rulers of the world for 12 centuries as long as they maintained Sharia as their Supreme Law. They became wretched and slaves of the West due to abandoning Shariah in private and public life.Through Itjehad you can accommodate modernization. All your quote is 100% right. Modernization is of course not Westernization. All your quote does not imply that Sharia should be abandoned for achieving the objectives of progress as desired by you and by all Muslims. Better you also go through Allama Iqbal book "Reconstruction of Religious Thought in Islam" ,based on his six lectures in Madras in English. Due to the door of Ijtehad being open until the Last day of Qiyama, Sharia can accommodate all latest changes in science, technology and in all kinds and in all branches of knowledge. Rather Muslims had been the pioneers of all sciences during the peak days of their rule and suzerainty over the world for centuries. It is their Faith in the truth, fairness and justice of Shariah that has given spiritual strength to Taliban for fighting for 19 years against the greatest World Power of 21st century. Their resole was further strengthened with the increase in anti-Muslim American policies. Neither the British, nor the Soviets could defeat them. And so America is now begging for peace by writing a letter to Pakistan leadership to help President Trump. Pakistan has lost over 70,000 lives.

Sharia, Inshallah

Author: Mark Fathi Massoud

Publisher: Cambridge University Press

Published: 2021-05-27

Total Pages: 391

ISBN-13: 1108832784

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Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.