Author: Arskal Salim Publisher: University of Hawaii Press ISBN: 082483237X Category : Religion Languages : en Pages : 274
Book Description
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.
Author: Michael E. Marmura Publisher: SUNY Press ISBN: 9780873957465 Category : Philosophy Languages : en Pages : 354
Book Description
Some of the foremost living scholars in Islamic thought have come together to create a standard and definitive work on the subject of Islamic thought. Noted scholars from North America, Europe, and the Middle East offer new and generative interpretations of major themes in the field. They address perennial theological and philosophical questions: the nature of the God-head, the ultimate constitution of matter, the world's origin, causality, divine providence and the existence of evil, freedom and determinism, political wisdom, and the reaches of human knowledge, The contributions include historical and analytical expositions of these issues in medieval Islam as well as discussions of individual thinkers, translations of Arabic texts with commentary, comparisons of Greek and Islamic thought, and bibliographical and textual sources. As a whole, these essays offer a wealth of philosophical, theological, bibliographical, philological, and historical information. Among the outstanding contributions are: an article by Charles Butterworth on Aristotle's rhetoric and how it was understood by al-Farabi, Avicenna and Averroes; Richard M. Frank's essay on the concepts of atoms and bodies, one of the most complex subjects in Islamic theology; and an article by Shams Inati on Ibn Sina and single expressions that discusses how language relates to mental processes and the unknown. Michael E. Marmura develops a new perspective on the subject of efficient causality, emphasizing the paradigmatic position of God's relationship to the world; Muhsin Mahdi analyzes a treatise of Averroes' that deals with the relationship between philosophy and law.
Author: Boaventura de Sousa Santos Publisher: Taylor & Francis ISBN: 1000914135 Category : Political Science Languages : en Pages : 287
Book Description
The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.
Author: Sari Hanafi Publisher: Taylor & Francis ISBN: 1003826261 Category : Religion Languages : en Pages : 324
Book Description
Addressing the rupture between religious and social sciences in Arab universities, this book provides a critical assessment of the curricula of Shariah and Islamic Studies departments across the Arab World, arguing for increased interdisciplinary dialogue. Based on over 250 interviews with university students and teachers, this study is the sum of five years of field research observing the curricula and teaching styles of colleges in the Shariah sciences. The author provides critical insight into these curricula by focusing on case studies in Lebanon and Jordan, Morocco, Kuwait and Qatar, and in Malaysia. In doing so, the book aims to answer the following questions: What is the aim of religious education? Does it aim to create people who specialize solely in religious affairs, or does it aim to form the student according to a comprehensive human framework? What is the nature of the relationship between the social sciences and the Shariah sciences? The book concludes by examining three pioneering institutions which have introduced alternative curricula in teaching Shariah studies. The book has wide geographic and ideological coverage, and will appeal to university students, academics, and policy analysts working across a range of disciplines, including the philosophy of knowledge, Islamic law and education, and sociology.
Author: Lisbet Christoffersen Publisher: Routledge ISBN: 1317055667 Category : Law Languages : en Pages : 284
Book Description
This volume exposes some of the various issues raised in relation to Muslim communities in Europe by putting the intellectual and legal traditions into dialogue. It brings together a number of scholars of Shari’a and Islamic law with counterparts from the parallel European disciplines of hermeneutics, philosophy and jurisprudence, to explore how the processes of theological-legal thinking have been expressed and are being expressed in a more or less common intellectual framework. It provides a valuable reference for all those interested in exploring how Muslims and non-Muslims view Shari’a law, looking at ways the European legal systems can provide some form of accommodation with Muslim customs.
Author: HASBOLLAH BIN MAT SAAD Publisher: PENA HIJRAH RESOURCES ISBN: 967552314X Category : Art Languages : en Pages : 339
Book Description
Compilation Series: The Principles of Shari’ah: Texts and Materials is a solid, application-oriented text for students taking law subjects focusing on the Shari’ah matters. Many new features make this edition a richer and stronger learning resource for students. Several factors motivated the authors to write this book. After having the experience in legal field and teaching for more than 20 years, it became clear that there was a definite need for more detail materials in this area. In addition, there was need for a book which would give full recognition to an easier method and the authors felt it was time for a text which would develop the ideas and methods with this in mind. This book covers a thorough discussion of the development of Islamic Law in Malaysia. A major audience for the book will be students studying the law subjects. The order of topics, however, provides a degree of flexibility, so that the book can be of interest to different readers through basic concepts until the advanced concepts (i.e. the discussion of the areas in a very comprehensive manner). The purpose of this book is to take the readers on an introduction to the principles of Shari’ah by which the meaning of such subject at basic level is better understood. Hopefully, this book can be benefited by the readers in their journey to success.
Author: Birgit Krawietz Publisher: Walter de Gruyter ISBN: 3110285401 Category : Religion Languages : en Pages : 591
Book Description
A unique collection of studies, the present volume sheds new light on central themes of Ibn Taymiyya's (661/1263-728/1328) and Ibn Qayyim al-Jawziyya's (691/1292-751/1350) thought and the relevance of their ideas to diverse Muslim societies. Investigating their positions in Islamic theology, philosophy and law, the contributions discuss a wide range of subjects, e.g. law and order; the divine compulsion of human beings; the eternity of eschatological punishment; the treatment of Sufi terminology; and the proper Islamic attitude towards Christianity. Notably, a section of the book is dedicated to analyzing Ibn Taymiyya's struggle for and against reason as well as his image as a philosopher in contemporary Islamic thought. Several articles present the influential legacy of both thinkers in shaping an Islamic discourse facing the challenges of modernity. This volume will be especially useful for students and scholars of Islamic studies, philosophy, sociology, theology, and history of ideas.
Author: Wael B. Hallaq Publisher: Cambridge University Press ISBN: 1139489305 Category : Law Languages : en Pages : 209
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.
Author: Farhad Malekian Publisher: Cambridge Scholars Publishing ISBN: 1527516938 Category : Law Languages : en Pages : 769
Book Description
This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.
Author: Arskal Salim
Author: Michael E. Marmura
Author: Ehsan Ehsanullah
Author: Boaventura de Sousa Santos
Author: Sari Hanafi
Author: Lisbet Christoffersen
Author: HASBOLLAH BIN MAT SAAD
Author: Birgit Krawietz
Author: Wael B. Hallaq
Author: Farhad Malekian