The Sunna and its Status in Islamic Law

The Sunna and its Status in Islamic Law PDF

Author: Adis Duderija

Publisher: Springer

Published: 2015-10-14

Total Pages: 256

ISBN-13: 1137369922

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This volume provides an overview of the nature and scope of the concept of Sunna both in pre-modern and modern Islamic discussions. The main focus is on shedding more light on the context in which the term Sunna in the major works of Islamic law and legal theory across all of the major madhahib was employed during the first six centuries Hijri.

Contemporary Approaches to the Qur'an and Sunnah

Contemporary Approaches to the Qur'an and Sunnah PDF

Author: Mahmoud Ayoub

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2012-01-01

Total Pages: 250

ISBN-13: 1565645774

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The Qur’an and Sunnah are the two primary sources of Muslim faith, life, law and morality. The Qur’an is for Muslims the foundation of their faith and the Sunnah is the framework of their morality. Together they constitute the two sources of the law (Shari’ah) of God, a guide to prosperity and happiness in this life and to the bliss of the hereafter. Although the Qur’an and Sunnah are materially and formally two independent sources, they are inextricably bound in a dynamic relationship. The rulings and precepts (ahkam) of the Qur’an constitute the law (shar’) of God. They are supplemented by the precepts of the authentic Sunnah, which possess authority second only to the precepts of the Qur’an. The Qur’an commands Muslims, “Whatever the Messenger gives you, that you must take, and whatever he forbids you, you must desist therefrom....” (59:7).

An Introduction to Islamic Law

An Introduction to Islamic Law PDF

Author: Wael B. Hallaq

Publisher: Cambridge University Press

Published: 2009-07-09

Total Pages: 209

ISBN-13: 1139489305

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The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

Contemporary Bioethics

Contemporary Bioethics PDF

Author: Mohammed Ali Al-Bar

Publisher: Springer

Published: 2015-05-27

Total Pages: 267

ISBN-13: 3319184288

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This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.

Modern Perspectives on Islamic Law

Modern Perspectives on Islamic Law PDF

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.

A History of Islamic Legal Theories

A History of Islamic Legal Theories PDF

Author: Wael B. Hallaq

Publisher: Cambridge University Press

Published: 1997

Total Pages: 308

ISBN-13: 9780521599863

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Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.

The Islamic Law of Personal Status

The Islamic Law of Personal Status PDF

Author: Jamal J. Nasir

Publisher: BRILL

Published: 2021-10-05

Total Pages: 290

ISBN-13: 9004480382

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This new edition of the authoritative English-language treatment of Islamic personal status law gives practitioners and courts throughout the world direct access to this important body of law in its most up-to-date development. All Middle Eastern and North African Arab states are covered; new to this edition is coverage of recent provisions enacted in Kuwait, Yemen, and Sudan. The chapter on dissolution of marriage has been completely revised to reflect current legal interpretation and judicial practice in this rapidly changing area of Islamic law. Also new and especially valuable are English versions, for the first time anywhere, of fundamental Shiite and Jaafari legal works with the most thorough analysis and commentary available in any non-Arabic source. Dr. Nasir's much-appreciated methodology has been continued since the very successful first edition of 1986. For each topic - e.g., marriage, dower, dissolution of marriage, parentage, inheritance, and waqf - he begins with a consideration of the subject in Sharia law, and then goes on to present legislation and contemporary views, in particular Arab countries. This approach, while it clearly manifests the continuity of Islamic law respecting personal status, is of great practical value to judges and practitioners, especially those who must resolve disputes under Islamic law in non-Muslim countries.

The Islamic Law of Personal Status

The Islamic Law of Personal Status PDF

Author: Jamal J. Nasir

Publisher: Brill Archive

Published: 1990-01-01

Total Pages: 378

ISBN-13: 9781853332807

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This huge piece of legislation promulgated in September 1993 represents the culmination of a major project aimed at producing comprehensive unified regulation of all areas of commercial activity. In the introductory chapter to the law, which concerns its application, it is stipulated that commercial matters with regard to which specific federal laws are promulgated shall be subject to the provisions of these laws & to such provisions of the present law as do not conflict with them (Article 3). The main body of the law commences with definitions of what constitutes commercial activity: these persons who shall be deemed to be traders, & the conditions of eligibility to engage in trade. It sets out the requirements of accounting & record keeping which are obligatory for all traders. There is comprehensive legislation of a range of general commercial matters such as commercial houses, trade names, commercial data, commercial obligations & contracts, sale on deferred terms, sale at action, international sales, commercial pledges & deposits in public depositories. Following this there is detailed regulation of several of the most important specific areas of commercial activity including the different forms of commercial agency, commercial representation, brokerage & carriage of goods & persons. The large section of banking operations is systematic & exhaustive, as is the regulation of actions & transactions involving commercial & financial documents. The last section deals with bankruptcy, composition to avert bankruptcy, the procedures & administration of bankruptcy & its consequences. Article 196 states that the establishment of a Stock Exchange will be subject to the agreement of the Council of Ministers & promulgation of a Federal Law regulating the activity of the Exchange. The Law is presented in a comprehensive & consistent manner & is clear & accessible. An invaluable reference to all those who have business interests in or with the United Arab Emirates.