Adab Al-Qadi


Book Description

Islam is a practical religion dealing with the warring traits of human nature and bending them to the Straight Path. It has discarded the law of the jungle, and the motto of might is right. The Islamic concept of justice is positive. It does not stop at the negation of the wrong but goes forward to promote the right so that there remains no incompatibility between the so-called justice and what is really just and equitable. The concept of Islamic justice does not permit prejudice against anyone. The Quranic Injunction is: "...and let not the hatred of any people seduce you that ye deal not justly...." [TMQ Surah Maidah: 8] Under Islam, justice is the sum total of life. To do injustice is sinful. To suffer injustice calls for positive remedial action on the part of Muslims. Such action might mean even the supreme sacrifice of one's life for the sake of justice. This book is an English rendering of a popular Arabic book entitled Adab Al Qadi, Written by the renowned Muslim Jurist Imam Khassaf. In this book, the learned author has favored us with the basic principle of the Islamic judicial system and that of the Judiciary in the light of the Holy Quran and the Sunnah. The Learned Translator of this book Justice Dr.Muneer Ahmad Mughal, was himself a Judge of the Lahore High Court, Lahore. He has perfect hold on the subject and over both the languages.




Adab Al-Qadi - Islamic Legal and Judicial System


Book Description

Islam is a practical religion dealing with the warring traits of human nature and bending them to the Straight Path. It has discarded the law of jungle and the motto of might is right. Islamic concept of justice is positive. It does not stop at negation of the wrong but goes forward to promote the right, so that there remains no incompatibility between the so-called justice and what is really just and equitable. The concept of Islamic justice does not permit prejudice against anyone. The Quranic Injunction is: "...and let not the hatred of any people seduce you that ye deal not justly...." [TMQ Surah Maidah: 8] Under Islam, justice is the sum total of life. To do injustice is sinful. To suffer injustice calls for positive remedial action on the part of Muslims. Such action might mean even the supreme sacrifice of one's life for the sake of justice. This book is an English rendering of a popular Arabic book entitled Adab Al Qadi Written by the renowned Muslim Jurist Imam Khassaf. In this book the learned author has favoured us with the basic principle of the Islamic judicial system and that of the Judiciary in the light of the Holy Quran and the Sunnah. The Learned Translator of this book Justice Dr.Muneer Ahmad Mughal was himself a Judge of the Lahore High Court, Lahore. He has prefect hold on the subject as well as over both the languages. About The Author Ahmad Abu Bakr al-Khassaf (From the Tribe of Shaiban) born around 181 AH and died in the year 261 AH (874/5AD) at the age of 80. Ibn Nadim stated thad Imam Khassaf was a Jurist, expert on the science of compulsory duties, a mathematician and well aware of the opinions and Ijtihad of Hanafi Jurists and enjoyed precedence on the court of Muhtadi Billah. His early education was at the hands of his father Umar bin Muhair who was a pupil of Imam Hasan in Ziyad who in turn was a pupil of Imam Abu Hanifah. Imam Kafwi has counted Imam Khassaf in the second category of the fuqaha and the mujtahidin and has named his category of the later period great Hanafis. About The Commentator He was popularly known as As-Sadr Ash-Shahid, Hisam and Hisam Shahid. He was also sometimes known by the title of Burhan al-A'immah, he was born on 483 AH (1090 AD). Qarshi says that the author of Hidayah, has stated that I had learnt the theoretical sciences and ilm-al Fiqh from Hisam. As-Sadr Ash-Shahid, Hisam worked so hard that he excelled in the expertise of the school of thought of Imam Abu Hanifa. And had gained distinctive status among the men of knowledge of Khurasan. He was martyred in the battle of Qatwan in 536 AH (1141 AD).




رسالة ذات البيان في الرد علي ابن قتيبة


Book Description

This book offers an early Shiite/Fatimid controversy against Sunnite scholars in matter of Islamic law. Al-Qadi al-Nu'man (d. 363/974) refutes Ibn Qutayba's (d. 276/889) argument according to which succinct legal formulas exempt civil servants from the need of long dissertations of jurists.




Islamic Legal Interpretation


Book Description

Previous ed.: Cambrige, Mass.: Harvard University Press, 1996.




Debating the Law, Creating Gender


Book Description

In Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing “law in the making” and the shifts in debates (2012–2018). In 2012, a ruling on khulʿ-divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to “harmonize” international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.




Medieval Islamic Civilization


Book Description

Examines the socio-cultural history of the regions where Islam took hold between the 7th and 16th century. This two-volume work contains 700 alphabetically arranged entries, and provides a portrait of Islamic civilization. It is of use in understanding the roots of Islamic society as well to explore the culture of medieval civilization.




From Bāwīṭ to Marw. Documents from the Medieval Muslim World


Book Description

The dry climate of Egypt has preserved about 130,000 Arabic documents, mostly on papyrus and paper, covering the period from the 640s to 1517. Up to now, historical research has mostly relied on literary sources; yet, as in study of the history of the Ancient World and medieval Europe, using original documents will radically challenge what literary sources tell us about the Islamic world. The renaissance of Arabic papyrology has become obvious by the founding of the International Society for Arabic Papyrology (ISAP) at the Cairo conference (2002), and by its subsequent conferences in Granada (2004), Alexandria (2006), Vienna (2009), and Tunis (2012). This volume collects papers given at the Vienna conference, including editions of previously unpublished Coptic and Arabic documents, as well as historical and linguistic studies based on documentary evidence from Early Islamic Egypt. With contributions by: Anne Boud’hors; Florence Calament; Alain Delattre; Werner Diem; Alia Hanafi; Wadād al-Qāḍī; Ayman A. Shahin; Johannes Thomann and Jacques van der Vliet. For more titles about Papyrology, please click here.




Criminal Justice in Islam


Book Description

Where do Islamic courts still operate in the modern world? What training does an Islamic judge receive? How does an Islamic court deal with a criminal case? What proof and evidence does it accept? What penalties may an Islamic judge impose in criminal matters? What law and practice do the Islamic judges apply to transgressions by Westerners in Saudi Arabia, whether they be accused of murder, adultery or drinking alcohol? This book attempts to answer all the above crucial, basic yet difficult questions of Islamic law. A formidable array of judicial talent considers all aspects of Islamic criminal procedure with the firm emphasis on its practical application in modem states today. Controversial cases are dealt with and explained from an Islamic point of view with the aim of informing a Western audience of the objectivity and fair process inherent in the Islamic system.




Introduction to Middle Eastern Law


Book Description

This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.




Muhammad Messenger of Allah


Book Description

Kitab Ash-Shifa bi ta'rif huquq al-Mustafa, (Healing by the recognition of the Rights of the Chosen One), of Qadi 'Iyad (d. 544H/1149CE) is perhaps the most frequently used and commented upon handbook in which the Prophet's, may Allah bless him and grant him peace, life, his qualities and his miracles are described in every detail. Generally known by its short title, Ash-Shifa, this work was so highly admired throughout the Muslim world that it soon acquired a sanctity of its own for it is said: "If Ash-Shifa is found in a house, this house will not suffer any harm... when a sick person reads it or it is recited to him, Allah will restore his health." Ash-Shifa gathers together all that is necessary to acquaint the reader with the true stature of the Prophet, may Allah bless him and grant him peace, with the esteem and respect which is due to him, and with the verdict regarding anyone who does not fulfil what his stature demands or who attempts to denigrate his supreme status - even by as much as a nail paring. QADI 'IYAD His full name was Abu al-Fadl 'Iyad ibn Musa ibn 'Iyad ibn 'Imran ibn Musa ibn Muhammad ibn 'Abdullah ibn Musa ibn 'Iyad al-Yahsubi, the famous Imam. He was born in Ceuta in the month of Sha'ban, 496 AH and lived there although his family originated from Andalusia. According to his son, Muhammad, his ancestors originated in Andalusia and then moved to the city of Fes, staying in the Qarawiyyin at some point. 'Imrun moved to Ceuta after having lived in Fes. Qadi 'Iyad was the Imam of his time in hadith and its sciences. He was a scholar of tafsir and its sciences, a faqih in usul, a scholar in grammar, language and Arabic speech, as well as in the battles and lineages of the Arabs. He had insight into judgements and had the legal competence to write contracts. He preserved and knew the Maliki madhhab. He was an excellent poet, familiar with literature and an eloquent orator. He was steadfast, forbearing and a good companion. He was generous and gave a lot of sadaqa. He was constant in action and tenacious in the truth. He died in Marrakesh in the month of Jumada al-Akhira or Ramadan in 544 AH. AISHA BEWLEY Aisha Abdurrahman at Tarjumana Bewley is one of today's most prolific translators of classical Arabic works into English. For more than thirty-five years she has been concerned with making the contents of many classical Arabic works more accessible to English-speaking readers. She is co-translator of The Noble Qur'an A New Rendering of its Meaning in English. Other works include Al-Muwatta of Imam Malik, The Meaning of Man, Mu'awiya - Restorer of the Muslim Faith, A Glossary of Islamic Terms, Islam: The Empowering of Women and Muslim Women, a Biographical Dictionary.