Government And Law In The Early Islamic World
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Government And Law In The Early Islamic World
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Author : Trudee Romanek
language : en
Publisher: Life in the Early Islamic Worl
Release Date : 2013
Government And Law In The Early Islamic World written by Trudee Romanek and has been published by Life in the Early Islamic Worl this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Juvenile Nonfiction categories.
"Government and law in the early Islamic world looks at how Islamic societies chose their leaders, set up and developed rules and regulations for everyday life, and punished those who committed crimes. Many of the historic systems of government, law, and order are used in the Islamic world today."--Page 4 of cover.
Documents And The History Of The Early Islamic World
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Author :
language : en
Publisher: BRILL
Release Date : 2014-11-28
Documents And The History Of The Early Islamic World written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-28 with Religion categories.
Documents and the History of the Early Islamic World presents new Greek, Arabic and Coptic material from the seventh to the fifteenth centuries C.E. from Egypt and Palestine and explores its rich potential for historical analysis.
Roman Provincial And Islamic Law
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Author : Patricia Crone
language : en
Publisher: Cambridge University Press
Release Date : 2002-07-18
Roman Provincial And Islamic Law written by Patricia Crone and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-07-18 with Law categories.
This book tests the hypothesis that Roman law was a formative influence on Islamic law.
Challenging The Secular State
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Author : Arskal Salim
language : en
Publisher: University of Hawaii Press
Release Date : 2008-09-30
Challenging The Secular State written by Arskal Salim and has been published by University of Hawaii Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-30 with Religion categories.
Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into modern Indonesia’s legal system from the time of independence in 1945 to the present. The author argues that attempts to formally implement shari’a in Indonesia, the world’s most populous Muslim state, have always been marked by tensions between the political aspirations of proponents and opponents of shari’a and by resistance from the national government. As a result, although pro-shari’a movements have made significant progress in recent years, shari’a remains tightly confined within Indonesia’s secular legal system. The author first places developments in Indonesia within a broad historical and geographic context, offering a provocative analysis of the Ottoman empire’s millet system and thoughtful comparisons of different approaches to pro-shari’a movements in other Muslim countries (Saudi Arabia, Iran, Pakistan). He then describes early aspirations for the formal implementation of shari’a in Indonesia in the context of modern understandings of religious law as conflicting with the idea of the nation-state. Later chapters explore the efforts of Islamic parties in Indonesia to include shari’a in national law. Salim offers a detailed analysis of debates over the constitution and possible amendments to it concerning the obligation of Indonesian Muslims to follow Islamic law. A study of the Zakat Law illustrates the complicated relationship between the religious duties of Muslim citizens and the nonreligious character of the modern nation-state. Chapters look at how Islamization has deepened with the enactment of the Zakat Law and demonstrate the incongruities that have emerged from its implementation. The efforts of local Muslims to apply shari’a in particular regions are also discussed. Attempts at the Islamization of laws in Aceh are especially significant because it is the only province in Indonesia that has been allowed to move toward a shari’a-based system. The book concludes with a review of the profound conflicts and tensions found in the motivations behind Islamization.
The Formation Of Islamic Law
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Author : Wael B. Hallaq
language : en
Publisher: Routledge
Release Date : 2016-12-05
The Formation Of Islamic Law written by Wael B. Hallaq and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with History categories.
The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.
The Fall And Rise Of The Islamic State
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Author : Noah Feldman
language : en
Publisher: Princeton University Press
Release Date : 2009-01-10
The Fall And Rise Of The Islamic State written by Noah Feldman and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-10 with History categories.
Perhaps no other Western writer has more deeply probed the bitter struggle in the Muslim world between the forces of religion and law and those of violence and lawlessness as Noah Feldman. His scholarship has defined the stakes in the Middle East today. Now, in this incisive book, Feldman tells the story behind the increasingly popular call for the establishment of the shari'a--the law of the traditional Islamic state--in the modern Muslim world. Western powers call it a threat to democracy. Islamist movements are winning elections on it. Terrorists use it to justify their crimes. What, then, is the shari'a? Given the severity of some of its provisions, why is it popular among Muslims? Can the Islamic state succeed--should it? Feldman reveals how the classical Islamic constitution governed through and was legitimated by law. He shows how executive power was balanced by the scholars who interpreted and administered the shari'a, and how this balance of power was finally destroyed by the tragically incomplete reforms of the modern era. The result has been the unchecked executive dominance that now distorts politics in so many Muslim states. Feldman argues that a modern Islamic state could provide political and legal justice to today's Muslims, but only if new institutions emerge that restore this constitutional balance of power. The Fall and Rise of the Islamic State gives us the sweeping history of the traditional Islamic constitution--its noble beginnings, its downfall, and the renewed promise it could hold for Muslims and Westerners alike.
Islamic Public Law Islamic Law In Theory And Practice
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Author : Ahmed Akgunduz
language : en
Publisher: IUR Press
Release Date : 2011-11-01
Islamic Public Law Islamic Law In Theory And Practice written by Ahmed Akgunduz and has been published by IUR Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-01 with Religion categories.
“Islamic law contains explications and divisions that imply a classification in terms of public and private law. In this book we will explain the outlines of Islamic public law, e.g. First Chapter; Islamic constitutional law (al-siyāsah al-shar‘iyyah) and administrative law (al-siyāsah al-shar‘iyyah); Second Chapter; penal law (al-̒uqūbāt); Third Chapter; financial law (zakāt, ʻushr, ḫarāj and other taxes); Fourth Chapter; trial law (qaḍā), and Fifth Chapter: international public law (al-siyar). The fields of especially Islamic constitutional law, administrative law, financial law, ta‘zīr penalties, and arrangements concerning military law based on the restricted legislative authority vested by Sharī‘ah rules and those jurisprudential decrees based on secondary sources like customs and traditions and the public good (maslahah) all fell under what was variously called public law, al-siyāsah al-shar‘iyyah (Sharī‘ah policy), qānūn (legal code), qānūnnāmah, ‘orfī ḥuqūq etc. Since these laws could not go beyond Sharī‘ah principles either, at least in theory, they should not be regarded as a legal system outside of Islamic law. But Islamic penal law, financial law, trial law, and international law depend mostly on rules that are based directly on the Qur’an and the Sunnah and codified in books of fiqh (Islamic law) called Sharī‘ah rules, Sharʻ-i sharīf, or Sharī‘ah law. Such rules formed 85% of the legal system. In this book, we will focus on some controversial problems in the Muslim world today, such as the form of government in Islamic law and the relation between Islam and democracy. Islamic law does not stipulate a certain method of state government; nonetheless, we may say that the principles it decrees and its concept of sovereignty suggest a religious republic. As a matter of fact, Ḫulafā al-Rāshidūn (the Rightly Guided Caliphs), were both caliphs and religious republican presidents. We could say that this book has three main characteristics. i) We have tried to base our explanations directly on the primary Islamic law sources. For example, after reading some articles on the caliphate or tīmār system in articles or books by some Western scholars and even by some Muslim scholars, one might conclude that there are different views on these subjects among Muslim scholars. This is not true: Muslisms have agreed on the basic rules on legal subjects, but there are some conflicts regarding nuances and interpretations. If one reads works by Imām Gazzali, Ibn Taymiyyah, al-Māwardi, and al-Farrā’, one will not find any disagreement on the main rules, but there are some different interpretations of some concepts. We have tried to discover where they agreed and we have sometimes pointed to where they differed. ii) We have researched practices of Islamic law, especially legal documents in the Ottoman archives. For example, we explain ḥadd-i sariqa but also mention some legal articles from the Ottoman legal codes (qānunnāmes) and some Sharī‘ah court decisions like legal decrees (i‘lāmāt-i shar‘iyyah). It is well known that nobody can understand any legal system without implementing and practicing it. That also holds for Islamic law because theory alone does not yield a complete understanding of Sharī‘ah rules. iii) We have worked hard to correct some misconceptions and misunderstandings about Islamic law. That is why we appeal to the primary sources. For example, some scholars claim that the Ḥanafī jurist Imām Saraḫsī did not accept the idea of punishment for apostasy. We have studied his work al-Mabsūt and found this claim to be unfounded. The comparison between tīmār and fief is another example because the tīmār system is different from the fief system. Some scholars confuse the concept of sovereignty and governance. The Islamic state is not a theocratic state in the sense in which Europeans understand the term.”
Law And Power In The Islamic World
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Author : Sami Zubaida
language : en
Publisher: Bloomsbury Publishing
Release Date : 2003-05-23
Law And Power In The Islamic World written by Sami Zubaida and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-05-23 with Political Science categories.
Islamic law (the Shari'a) and its application is a central issue in contemporary Islamic politics and culture. Starting from modern concerns, this book examines the origins and evolution of the Shari'a and the corpus of texts, concepts and practices in which it has been enshrined. The central paradox in this history is one of power: the Shari'a is jurist's law, theoretically derived from sacred sources, yet dependent for its institution and application on rulers, with their own agendas and priorities. Sami Zubaida here considers key historical episodes of political accommodations and contests between scholars and sultans. Drawing on modern examples, mainly from Egypt and Iran, Zubaida explores how the Shari'a has evolved and mutated to accommodate the workings of a modern state by examining the reforms of the 19th and 20th centuries and the politics of the contemporary world. Law and Power in the Islamic World is an original and significant contribution to the debates surrounding Islam and ideas of modernity. As such its appeal and importance range across a wide spectrum of readers, students and scholars interested in Islamic law and the politics and social structures of the Muslim world. "Extremely informed and highly readable: unlike any previous writings on the subject, it combines deep historical analysis with a vital sociological and political perspective. In these difficult times, it will be required reading both for experts and for the general reader with any serious interest in the world today." Eberhard Kienle, SOAS.
Law Reform In The Muslim World
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Author : James Norman Dalrymple Anderson
language : en
Publisher: Burns & Oates
Release Date : 1976
Law Reform In The Muslim World written by James Norman Dalrymple Anderson and has been published by Burns & Oates this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Law categories.
Legal Reform In The Muslim World
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Author : Muneer Goolam Fareed
language : en
Publisher: Austin & Winfield Publishers
Release Date : 1996
Legal Reform In The Muslim World written by Muneer Goolam Fareed and has been published by Austin & Winfield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Ijtihād (Islamic law) categories.
Fareed's comparative analysis discusses the aims and processes of legal reform, based on the Ijtihad dispute by various reform movements and personalities, in light of the pressures of modernization, nationalism, colonial cultural and administrative activity. This book is an important addition to the field.