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Author: Lawrence Rosen Publisher: University of Chicago Press ISBN: 022651174X Category : Law Languages : en Pages : 293
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.
Author: Lawrence Rosen Publisher: University of Chicago Press ISBN: 022651174X Category : Law Languages : en Pages : 293
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.
Author: Lawrence Rosen Publisher: Oxford University Press, USA ISBN: 9780198298847 Category : Law Languages : en Pages : 258
Book Description
Using data ranging from the courts of North Africa to the treatment of Islam in American courts, these essays demonstrate the appeal of Islamic law in the lives of everyday adherents.
Author: RAYMOND WILLIAM. BAKER Publisher: Oxford University Press ISBN: 0197624979 Category : Religion Languages : en Pages : 289
Book Description
"Justice stands as the crown jewel of the Islamic moral universe. Qur'anic referenes to justice are more frequent than those to the prophets of Islam. It is justice, rather than jihad or "holy war"' of the Western imagination, that defines the centrist Islam of the Qur'an. Justice in midstream Islam is at once "one and many," to borrow a formulation of Islamic mystics. Justice is one as the core Islamic value and many in the particular struggles for social justice it inspires. Abu Dharr al Ghifari, the beloved 7th century companion of the Prophet Muhammd, authored several hundred prophetic traditions and fought for the rights of the poor. Abu Dharr modeled the combination of scholarship and activism that characterizes Islamic intellectuals. Struggles for social justice waged in Egypt, Turkey, Iran, and beyond evoke the Prophet's companion as exemplar. The excesses of extremist thinking and the blinding glare of the violence it fosters may threaten to overwhelm the faith. Invariably, however, Islamic intellectuals step forward to restore moderation. Centrist Islam today is winning adherents at a pace that outstrips all other faiths. Individual chapters focus on the contributors to this Awakening, including the Egyptian Shaikh Muhammad al Ghazalli, the Turkish scholar Sa'id Nursi, the Lebanese Grand Ayatollah Muhammad Fadlallah, the martyred Iraqi Grand Ayatollah Baqir al Sadra, the Iranian intellectual Ali Sheriati, and the American athlete and Muslim convert Muhammad Ali. Their stories explain how an awakened Islam has today become a global phenomenon"--
Author: Muḥammad K̲ālid Masud Publisher: BRILL ISBN: 9004140670 Category : Religion Languages : en Pages : 609
Book Description
Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).
Author: Deina Abdelkader Publisher: IIIT ISBN: 1565642686 Category : Religion Languages : en Pages : 236
Book Description
Western theoretical approaches of modernization, development, social progress and interaction, have failed to understand the dynamics of the Islamic revival. Deina Abdelkader, in this seminal work argues that questions of social justice are indelibly tied to the phenomenon of contemporary Islamic resurgence as the quest for social justice is in fact motivated by the Shari’ah- hence an integral part of Islamic life and weltan-shauung. Using the two tools of maqasid and maslahah, and through the examination of the dialectical link between fiqh and reality, the author shows their indispensability as important methodological tools for the study of the social sciences and, indeed, of social phenomena.
Author: Omid Safi Publisher: Simon and Schuster ISBN: 178074045X Category : Religion Languages : en Pages : 368
Book Description
Developed in response to the events of September 11, 2001, these 14 articles from prominent Muslim thinkers offer a provocative reassessment of Islam's relationship with the modern world. Confronting issues such as racism, justice, sexuality and gender, this book reveals the real challenges faced by Muslims of both sexes in contemporary Western society. A probing, frank, and intellectually refreshing testament to the capacity of Islam for renewal, change, and growth, these articles from fifteen Muslim scholars and activists address the challenging and complex issues that confront Muslims today. Avoiding fundamentalist and apologetic approaches, the book concentrates on the key areas of debate in progressive Islamic thought: "Contemporary Islam," "Gender Justice," and "Pluralism." With further contributions on subjects as diverse and controversial as the alienation of Muslim youth; Islamic law, marriage, and feminism; and the role of democracy in Islam, this volume will prove thought-provoking for all those interested in the challenges of justice and pluralism facing the Muslim world as it confronts the twenty-first century.
Author: Intisar A. Rabb Publisher: Harvard Series in Islamic Law ISBN: 9780674984219 Category : Islamic courts Languages : en Pages : 0
Book Description
Justice and Leadership in Early Islamic Courts explores the administration of justice during Islam's founding period, 632-1250 CE. Inspired by the scholarship of Roy Parviz Mottahedeh, ten scholars of Islamic law draw on diverse sources including historical chronicles, biographical dictionaries, exegetical works, and mirrors for princes.
Author: Safraz Bacchus Publisher: FriesenPress ISBN: 1460253566 Category : Languages : en Pages : 69
Book Description
The book is laid out to outline the Islamic standpoint on justice and it's high standard. This manuscript will attempt to clarify a major misconception that has gained widespread acceptance in some academic circles. The misconception is that the Muslim judge judges blindly according to a rigid set of outdated laws without giving due consideration to what is in the best interest of either the public or in upholding the rights of a person. Finally, it will seek to demonstrate how the ethical standards that govern the conduct and office of the qadi reinforces the public trust and confidence in the Islamic judicial system as a whole. Given that the Islamic judiciary does not have the powers of the sword or the purse - powers that are reserved for the executive and the legislative branches of government - respect is said to be the greatest strength of the institution itself.Islamic law requires a Muslim judge (hakim or qadi) to conform to the highest ethical standards both in their personal conduct and in issuing rulings that are just and seen to be just.
Author: Kate Daniels Publisher: I.B. Tauris ISBN: 9781788310628 Category : Social Science Languages : en Pages : 0
Book Description
A formidable array of judicial talent considers all aspects of Islamic criminal procedure with the firm emphasis on its practical application today in modern states. Where do Islamic courts 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 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 these and many more crucial questions of Islamic law as they affect the different nations of the Islamic World.
Author: Lawrence Rosen
Author: Lawrence Rosen
Author: Lawrence Rosen
Author: RAYMOND WILLIAM. BAKER
Author: Muḥammad K̲ālid Masud
Author: Deina Abdelkader
Author: Omid Safi
Author: Intisar A. Rabb
Author: Anwar Ahmad Qadri
Author: Safraz Bacchus
Author: Kate Daniels