Hudud Law Of Islamic Modernity
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Hudud Law Of Islamic Modernity
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Author : Norani Othman
language : en
Publisher:
Release Date : 1994
Hudud Law Of Islamic Modernity written by Norani Othman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Hudud laws categories.
Modernity And The General Philosophy Of
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Author : Sulaiman Lebbe Mohamed Rifai
language : en
Publisher: Independently Published
Release Date : 2019-05-04
Modernity And The General Philosophy Of written by Sulaiman Lebbe Mohamed Rifai and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-04 with categories.
The general philosophy of Islamic law: This book primarily addresses three salient questions. What is the general philosophy of Islamic law: Maqāsid al-Shari'ah? Why do we need the doctrines of the general philosophy of Islamic law today? How do we apply the doctrines of the general philosophy of Islamic law in this modern world? The basic argument of this book is that dramatic social changes are taking place around us in this digital world. So, to relate Islamic teaching into this modern global world, we need not only a comprehensive reading of the divine text, but also, a comprehensive understanding of the contexts of this modern world. We could no longer adhere to the literal interpretation of divine texts in this modern world on certain aspects of Islamic teaching. Neither classical Islamic thought nor the literal legal schools provide ready-made answers for the problems of modern Islamic world. This does not mean we must abandon the divine text as some radical Muslim secularists claim. This does not mean we should ignore 1400 years of intellectual legacies in Islamic history. There is nothing wrong with the divine texts of the Qur'an and the prophetic traditions. Nevertheless, human understanding to the divine texts differ from century to century, place to place and person to person. For the last 14 centuries, different Muslim communities have been reading the corpus of Islamic law differently within their own social contexts. There is no uniformity in human understanding of divine texts. They are prone to different human interpretation for various reasons. The corpus of Islamic law we have today are the collections of the 1400 hundred years of the Islamic legal interpretation of different times and social contexts. Today, to choose some appropriate legal ideas from the 1400 hundred years of Islamic legacy we should have not only a thorough knowledge of Islamic sciences, but we should also contextual understanding of the divine texts. We should know how to relate the divine texts appropriately to the modern social conditions. The principles of the general philosophy of Islamic law are contrived to facilitate the application of the divine texts into different contexts without diluting the primary values of the divine texts. It is argued by many Muslim scholars that the Muslim communities are suffering from intellectual and ideological crises presently. This is reflected in the socio-political and religious thought of the contemporary Muslim communities Today; Islamic universities and colleges are producing thousands Muslim graduates in many Muslim countries. Most of these graduates are trained and educated in Islamic sciences alone without enough professional training and learning in modern sciences. As a result of this, many of them find it difficult to relate what they learn to the modern social issues. It is my firm contention in this book that the Muslim jurists must learn many modern sciences such as politics, geopolitics, economics, phycology, sociology, history, science, and many other areas of human sciences so that they could address the modern social issues that the Muslim community faces today. Otherwise, they would not be able to relate what they learn in Arabic college into modern social conditions. Therefore, I would argue that learning modern sciences is a prerequisite for the students of Islam to become jurists or scholar in Islam. It is also my conviction that many radical Muslim groups do not know how to relate many aspects of Islamic teachings into modern geopolitical and social conditions. They come into some erroneous conclusions in many religious issues. Because, they take the literal meanings of the divine texts and prophetic traditions without due consideration into the modern social conditions of this global world.
Modernity And The General Philosophy Of
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Author : Sulaiman Rifai
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2018-08-20
Modernity And The General Philosophy Of written by Sulaiman Rifai and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-20 with categories.
How does Islamic law respond to social changes? This has been one of the challenging questions in Islamic legal history. Muslim legal theorists have been debating this since the formative period of the Islamic legal thought. The sources of Islamic law are limited in certain scriptural texts, historical legal precedents and supplementary legal sources. Yet, human challenges and problems are unlimited. So, how do limited numbers of divine texts and prophetic traditions provide viable solutions for ever-increasing problems of the Muslim community in this modern digital world? This book explores the intriguing relationship between social and legal changes in Islamic law. Modern technological and digital revolutions have brought about unprecedented social changes in all walks of human life. Classical Muslim jurists devised the doctrines of the general philosophy of Islamic law to relate Islamic law to changing social realities of their historical contexts. Classical legal theorists created many legal principles, theories and concepts to demonstrate the flexible and adaptable nature of Islamic law to different social conditions. Yet, classical Islamic legal thoughts are not always viable and applicable to modern social conditions. For this reason, many modern Muslim scholars argue that the legal reform is very much important today to meet the challenges of modern time. Muslim scholars seek solutions for the problems of the Muslim community in the historical precedents of past the Muslim intellectual heritage without appreciating all these modern changes. Many of them are experts on Islamic studies and yet, they find it difficult to relate what they learn to the modern social condition of this complicated world. The science of the general philosophy of Islamic law provides some dynamic mechanisms to relate Islamic teaching to modern social conditions without distorting or twisting the pure teaching of the divine message. It bridges the gap between the historical legacies of the Islamic past and the scientific development of the modern world. It relates the past legacy of Islamic heritage with the present-day realities of the modern world. It directs Muslim jurists to understand modern social conditions in a holistic approach considering both the literal and contextual meaning of the text. Therefore, many others argue that the science of the legal philosophy of Islamic law can be developed as a dynamic research methodology and developmental policy strategy. This book explores the classical and modern ideas of the general philosophy of Islamic law to understand the dynamic nature of Islamic law to adapt to the modern social conditions. This book emphasises the importance of understanding texts, context and social realities. When we apply the divine texts into modern context we should time and space factors. Moreover, the social realities of modern societies otherwise, the application of divine texts will not be always viable in this modern world. The literal school of Islamic legal thought does not take these factors into consideration when they try to apply the divine texts to modern conditions. The challenges of modernity are immense in all field of human sciences. We see a lot of changes in politics, geopolitics, finance, business sections and many other fields of education and human sciences. It is expected that the digital technology and artificial intelligence will bring dramatic changes into human life by 2040. The Muslim world must make some legal changes to meet the challenges of the social changes. The basic argument of this book is that some aspects of classical legal thoughts are viable today in our modern context and legal changes are unavoidable. The book explores different areas of modern development in human sciences to highlight the importance of legal changes in accordance with social changes and it explores the adaptable nature of Islamic law to all places and in ages without distorting the essence.
Shari A Politics
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Author : Robert W. Hefner
language : en
Publisher: Indiana University Press
Release Date : 2011-04-04
Shari A Politics written by Robert W. Hefner and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-04 with History categories.
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.
Shari A Law And The Modern Nation State
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Author : Norani Othman
language : en
Publisher:
Release Date : 1994
Shari A Law And The Modern Nation State written by Norani Othman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
The arguments presented and the issues raised in this book demand serious consideration from a readership of thinking Muslims who in equal measure value their religious heritage and recognise the need to shape intelligently a sustainable future for its inheritors. left solely to those conventionally recognised as religiously learned, or to any special section of the umma. Rather, it is the common task of all within the worldwide umma if contemporary Muslims are to find ways of effectively addressing the challenges of today and tomorrow. and understandings of Islamic law (including the hudud punishments) that date back to the early centuries of Islamic civilisation, the need to foster an enlightened and contemporary understanding of enduring Qur'anic imperatives is both necessary and urgent. prove a significant contribution to the emergence of such an approach: one that is both authentically grounded in the Qur'anic worldview and at the same time based upon a discerning appreciation of the challenges of ever advancing modernity, upon which today's Muslims cannot, and should not, turn their backs. evolution of Islamic law and a noted international Islamic human rights lawyer, provide the point of departure for the contributors to this book. mandatory, must as a matter of religious faith and obligation be implemented in our own times is unhistorical and unsustainable. Dr. An-Na'im argues All projects aiming at the modern implementation and enforcement of such formulations of shari'a, whatever understanding or misunderstandings their proponents may have of their own motivations, are therefore simply human projects lacking all divine sanction. towards clarifying an urgent and contentious question in contemporary Malaysia. Yet the implications of its arguments reach far beyond Malaysia's borders to the entire Muslim world.
Islam In Southeast Asia
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Author : Norshahril Saat
language : en
Publisher: ISEAS-Yusof Ishak Institute
Release Date : 2018-05-30
Islam In Southeast Asia written by Norshahril Saat and has been published by ISEAS-Yusof Ishak Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-30 with Religion categories.
"Islam in the Malay world of Southeast Asia or Islam Nusantara, as it has come to be known, had for a long time been seen as representing the more spiritual and Sufi dimension of Islam, thereby striking a balance between the exoteric and the esoteric. This image of 'the smiling face of Islam' has been disturbed during the last decades with increasing calls for the implementation of Shari’ah, conceived of in a narrow manner, intolerant discourse against non-Muslim communities, and hate speech against minority Muslims such as the Shi’ites. There has also been what some have referred to as the Salafization of Sunni Muslims in the region. The chapters of this volume are written by scholars and activists from the region who are very perceptive of such trends in Malay world Islam and promise to improve our understanding of developments that are sometimes difficult to grapple with." — Professor Syed Farid Alatas, Department of Sociology, Faculty of Arts and Social Sciences, National University of Singapore
Islamic Law In The Modern World
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Author : James Norman Dalrymple Anderson (Sir).)
language : en
Publisher:
Release Date : 1959
Islamic Law In The Modern World written by James Norman Dalrymple Anderson (Sir).) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1959 with Islam categories.
Islam S Predicament With Modernity
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Author : Bassam Tibi
language : en
Publisher: Routledge
Release Date : 2009-02-25
Islam S Predicament With Modernity written by Bassam Tibi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-25 with Philosophy categories.
This book presents an in-depth cultural and political analysis of the issue of political Islam as a potential source of tensions and conflict, and how this might be peacefully resolved. Looking at modernity from an Islamic point of view, the author analyses issues such as law, knowledge and human rights.
The Oxford Handbook Of Criminal Law
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Author : Markus D Dubber
language : en
Publisher: OUP Oxford
Release Date : 2014-11-27
The Oxford Handbook Of Criminal Law written by Markus D Dubber and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-27 with Law categories.
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Islamic Law And The Challenges Of Modernity
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Author : Yvonne Yazbeck Haddad
language : en
Publisher: Rowman Altamira
Release Date : 2004
Islamic Law And The Challenges Of Modernity written by Yvonne Yazbeck Haddad and has been published by Rowman Altamira this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Since Europeans first colonized Arab lands in the 19th century, they have been pressing to have the area's indigenous laws and legal systems accord with Western models. Although most Arab states now have national codes of law that reflect Western influence, fierce internal struggles continue over how to interpret Islamic law, particularly in the areas of gender and family. From different geographical and ideological points across the contemporary Arab world, Haddad and Stowasser demonstrate the range of views on just what Islam's legal heritage in the region should be. For either law or religion classes, Islamic Law and the Challenges of Modernity provides the broad historical overview and particular cases needed to understand this contentious issue. Visit our website for sample chapters!
