An Introduction to Islamic Law


Book Description

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.







The Law of God


Book Description

The law of God: these words conjure an image of Moses breaking the tablets at Mount Sinai, but the history of the alliance between law and divinity is so much longer, and its scope so much broader, than a single Judeo-Christian scene can possibly suggest. In his stunningly ambitious new history, Rémi Brague goes back three thousand years to trace this idea of divine law in the West from prehistoric religions to modern times—giving new depth to today’s discussions about the role of God in worldly affairs. Brague masterfully describes the differing conceptions of divine law in Judaic, Islamic, and Christian traditions and illuminates these ideas with a wide range of philosophical, political, and religious sources. In conclusion, he addresses the recent break in the alliance between law and divinity—when modern societies, far from connecting the two, started to think of law simply as the rule human community gives itself. Exploring what this disconnection means for the contemporary world, Brague—powerfully expanding on the project he began with The Wisdom of the World—re-engages readers in a millennia-long intellectual tradition, ultimately arriving at a better comprehension of our own modernity. “Brague’s sense of intellectual adventure is what makes his work genuinely exciting to read. The Law of God offers a challenge that anyone concerned with today’s religious struggles ought to take up.”—Adam Kirsch, New YorkSun “Scholars and students of contemporary world events, to the extent that these may be viewed as a clash of rival fundamentalisms, will have much to gain from Brague’s study. Ideally, in that case, the book seems to be both an obvious primer and launching pad for further scholarship.”—Times Higher Education Supplement




Islamic Natural Law Theories


Book Description

This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.




History of Islamic Law


Book Description

The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.




Islamic Law


Book Description

Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.




Contemporary Bioethics


Book Description

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.




Islam and the Rule of Justice


Book Description

In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.




Islamic Law and Ethics


Book Description

Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?




Islamic Law and International Law


Book Description

"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--