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Islamic Law and Society in the Sudan
by Carolyn Fluehr-LobbanFew studies exist which deal with Islamic law in practice, and this is among the first such studies in the English language for Islamic Africa. It is significant that the present study was completed just prior to the extension of Islamic law as the sole governing law in the Sudan in 1983, for it captures many essentials of the Shari’a as it has been applied for decades prior to this important change. Numerous movements for reform and change are discussed in the book, which reflect the contemporary debate in the Sudan over the position of Shari’a in society.
Islamic Law and Society: The Practice Of Iftā’ And Religious Institutions (Islamic Law in Context)
by Emine Enise YakarThis book places context at the core of the Islamic mechanism of iftā’ to better understand the process of issuing fatwās in Muslim and non-Muslim countries, thus highlighting the connection between context and contemporaneity, on one hand, and the adaptable perception of Islamic law, on the other. The practice of iftā’ is one of the most important mechanisms of Islamic law that keeps Islamic thought about ethical and legal issues in harmony with the demands, exigencies and developments of time. This book builds upon the existing body of work related to the practice of iftā’, but takes the discussion beyond the current debates with the intent of unveiling the interaction between Islamic legal methodologies and different environmental contexts. The book specifically addresses the three institutions (Saudi Arabia’s Dār al-Iftā’, Turkey’s Diyanet and America’s FCNA) and their Islamic legal opinions (fatwās) in a comparative framework. This demonstrates the existence of complex and diverse ideas around similar issues within contemporary Islamic legal opinions that is further complicated by the influence of international, social, political, cultural and ideological contexts. The book thus unveils a more complicated range of interactive constituents in the process of the practice of iftā’ and its outputs, fatwās. The work will be of interest to academics and researchers working in the areas of Islamic law, Middle Eastern studies, religion and politics.
Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan (Routledge Research in the Law of Armed Conflict)
by Niaz A ShahIslamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law. Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law. Islamic Law and the Law of Armed Conflict will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south-east Asian studies.
Islamic Law in Africa
by J N AndersonIn many parts of Africa three different systems of laws are concurrently applied – the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.
Islamic Law in Europe?: Legal Pluralism and its Limits in European Family Laws
by Andrea BüchlerCultural and religious identity and family law are inter-related in a number of ways and raise various complex issues. European legal systems have taken various approaches to meeting these challenges. This book examines this complexity and indicates areas in which conflicts may arise by analysing examples from legislation and court decisions in Germany, Switzerland, France, England and Spain. It includes questions of private international law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. It concludes with an evaluation of approaches which are process-based rather than institution-based. The book will be of interest to legal professionals, family law students and scholars concerned with legal pluralism.
Islamic Law in Malaysia: The Challenges of Implementation
by Adnan Trakic Hanifah Haydar Ali TajuddinThis book examines the challenges of the implementation of Islamic law in Malaysia. Malaysia is a pertinent jurisdiction to explore such challenges given its global focus, colonial history and institutions, and the intersection of the Shari’ah and secularism/multiculturalism. The resultant implementation challenges are underpinned by three factors that make Malaysia an important jurisdiction for those interested in understanding the place of Islamic law in the global context. First, Malaysia is often considered as a model Islamic country. Islamic law is a source of law in Malaysia. The Islamic law legal system in Malaysia operates in parallel with a common law legal system. The two systems of law generally are in harmony with one another. Nevertheless, occasional cross-jurisdictional issues do arise, and when they do, the Malaysian judiciary has been quite efficient in solving them. The Malaysian experience in maintaining such harmony between the two legal systems provides lessons for a number of countries facing such challenges. Second, Malaysia has a developed Shari’ah court system that interprets and applies Islamic law predominantly based on the Shafi’i school of thought. While, for the most part, the approach has been successful, there have been times when the implementation of the law has raised concerns as to the compatibility of Islamic law with modern principles of human rights and common law-based values. Third, there have been cases where Islamic law implementation in Malaysia has gained global attention due to the potential for wider international implications. To do justice to this complex area, the book calls on scholars and practitioners who have the necessary expertise in Islamic law and its implementation. As such, this book provides lessons and direction for other countries that operate a dual system of secular and Islamic laws.
Islamic Law in Practice: Volume III (Islamic Law)
by Mashood A. BaderinIslamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.
Islamic Law, Gender, and Social Change in Post-Abolition Zanzibar
by Elke E. StockreiterAfter the abolition of slavery in 1897, Islamic courts in Zanzibar (East Africa) became central institutions where former slaves negotiated socioeconomic participation. By using difficult-to-read Islamic court records in Arabic, Elke E. Stockreiter reassesses the workings of these courts as well as gender and social relations in Zanzibar Town during British colonial rule (1890-1963). She shows how Muslim judges maintained their autonomy within the sphere of family law and describes how they helped advance the rights of women, ex-slaves, and other marginalised groups. As was common in other parts of the Muslim world, women usually had to buy their divorce. Thus, Muslim judges played important roles as litigants negotiated moving up the social hierarchy, with ethnicisation increasingly influencing all actors. Drawing on these previously unexplored sources, this study investigates how Muslim judges both mediated and generated discourses of inclusion and exclusion based on social status rather than gender.
Islamic Legal Theory: Based on al-Juwayni's Waraqat fi usul al-fiqh
by David R. VishanoffDavid Vishanoff&’s thorough and original unpacking of the Sunnī jurist al-Juwaynī&’s (1028–1085) Kitāb al-Waraqāt fī uṣūl al-fiqh introduces English-speaking readers to the main concepts, terms, principles, and functions of the classical Islamic discipline of legal theory. This volume offers an ideal entry to the otherwise dense and complex mainstream Sunnī views that dominated Islamic legal thought in al-Juwaynī&’s day—and that are still widely accepted today. A critical edition of al-Juwaynī&’s Arabic text is also included.
Islamic Legal Theory: Volume I (Islamic Law)
by Mashood A. BaderinIslamic legal theory (usÅ«l al-fiqh) is literally regarded as ’the roots of the law’ whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both SunnÄ« and ShÄ«’Ä« perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject.
Islamic Life and Thought
by Seyyed Hossein NasrThis collection of essays by one of the best known contemporary Muslim scholars writing in English covers many facets of Islamic life and thought. The author has brought together studies dealing with the practical as well as intellectual aspects of Islam in both their historical and contemporary reality. The contemporary significance of themes such as religion and secularism, the meaning of freedom, and the tradition of Islamic science and philosophy is given particular attention.
Islamic Medical Ethics In The Twentieth Century
by C. A. O. van NieuwenhuijzeConsiders prominent issues in medical ethics in the 20th century, such as abortion, artificial insemination, organ transplantation, euthanasia as discussed by Muslim religious scholars, physicians and jurists. Despite the semi-equal spread of medical knowledge among the peoples of the world and the shared dilemmas brought about by modern medicine, Muslims tend to follow their own medical ethics, which agree ultimately with the basic requirements of Islamic religion and law.
Islamic Social Finance: Entrepreneurship, Cooperation and the Sharing Economy (Islamic Business and Finance Series)
by Valentino CattelanThe current dynamics of world economy show remarkable changes in the socio-economics of credit provision and entrepreneurship. If the emergence of the sharing economy is fostering innovative models of collaborative agency, networking and venture business, economic actors are also looking for a more sustainable development, able to foster profitability as well as community welfare. This book investigates Islamic social finance as a paramount example of this economy under change, where the balance between economic efficiency and social impact is contributing to the transformation of the market from an exchange- to a community-oriented institution. The collected essays analyse the social dimension of entrepreneurship from an Islamic perspective, highlighting the extent to which the rationales of "sharing," distribution and cooperation, affect the conceptualization of the market in Islam as a place of "shared prosperity." Moving from the conceptual "roots" of this paradigm to its operative "branches," the contributing authors also connect the most recent trends in the financial market to Shari‘ah-based strategies for community welfare, hence exploring the applications of Islamic social finance from the sharing economy, FinTech and crowdfunding to microcredit, waqf, zakat, sukuk and green investments. An illuminating reference for researchers, practitioners and policy-makers dealing with the challenges of a global market where not only is diversity being perceived as a value to be fostered, but also as an important opportunity for a more inclusive economy for everybody.
Islamic Social Finance: Law and Practice in Malaysia
by Aishath Muneeza Sherin Kunhibava Maryam Binti Khalid Zakariya Mustapha Thong Ming SenThis book addresses the growing significance of Islamic social finance as an alternative and sustainable financing approach in the world. With a focus on Malaysia, a global leader in Islamic banking and finance, the topics covered fills the gap in the extant research by providing in-depth coverage of the legal framework surrounding Islamic social finance. Written with students, researchers, and policymakers in mind, it explores the unique features and principles of Islamic social finance, which aims to achieve social objectives alongside financial returns. By examining real-life case studies and digital examples, readers will gain valuable insights into the practical application of Islamic social finance principles. Each chapter concludes with self-review questions, allowing students to assess their understanding and consolidate their knowledge. This book serves as a valuable resource for academics, researchers, and practitioners seeking to explore and implement Islamic social finance principles. With its comprehensive coverage and practical insights, it will will play a crucial role in promoting the understanding and adoption of Islamic social finance for sustainable development.
Islamic State as a Legal Order: To Have No Law but Islam, between Shari’a and Globalization
by Federico Lorenzo RamaioliThis book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.
Islamic Sustainable Finance, Law and Innovation: Opportunities and Challenges (Contributions to Management Science)
by Nadia Mansour Lorenzo Mateo Bujosa VadellThis volume discusses the role and characteristics of Islamic finance and how it can contribute to a sustainable financial system. Islamic finance is not only for the 1.5 billion Muslims. Several countries are interested in it because it has interesting characteristics in terms of transparency and banking regulation. Although the origins of Islamic finance date back several centuries, its resurgence is relatively recent. From its modern beginnings in Egypt and Malaysia, Islamic finance is now a growing sector and its recent performance contrasts with that of conventional banks. Rapid growth and innovation are transforming the sector, driving economic development in an increasing number of jurisdictions, while also increasing the number of new opportunities and challenges. Today, with the problem of climate change and its adverse effects on the whole world, the flexibility of Islamic finance concerning the operations available to those who wish to finance the development of infrastructure, makes this area crucial for sustainable finance.
Islamic Values and Management Practices: Quality and Transformation in the Arab World (Transformation and Innovation)
by Maqbouleh M. HammoudehThe author of this thought provoking addition to Gower's Transformation and Innovation Series has worked as a management consultant in the Arab Middle East for 25 years. In Islamic Values and Management Practices she acknowledges that businesses and other organizations in the region face urgent concerns in relation to quality and transformation, but argues that these issues might be more appropriately addressed by the application of an Islamic Management Model, rather than the 'Western' one hitherto applied. Over time, a set of management systems based on Islamic values has been developed by the author. These systems recognise the need to build human organizations, socially and politically as well as commercially, and also the recognition that for Muslims, justice is the ultimate value, bringing balance between the individual's soul and spirit on the one hand, and the organization's soul and spirit on the other. This Islamic management model stresses that effectiveness is an outcome of operating efficiently and at the same time unifying the organization's objectives with those of its employees and wider society, and ensuring that at the strategic level the long view is always maintained. Recounting her own personal and business journey, Maqbouleh Hammoudeh presents the outcomes of research that has tested the application of the Islamic Management Model and its ability to deliver the desired quality and transformation outcomes in a major civic or profit making organization. At a time when many practitioners and business educators are seeking new management approaches, this revealing case study sheds light on the evolution of a contemporary theory of management for the Muslim World.
Islamic Veiling in Legal Discourse
by Anastasia VakulenkoIslamic Veiling in Legal Discourse looks at relevant law and surrounding discourses in order to examine the assumptions and limits of the debates around the issue of Islamic veiling that has become so topical in recent years. For some, Islamic veiling indicates a lack of autonomy, the oppression of women and the threat of Islamic radicalism to western secular values. For others, it suggests a positive autonomous choice, a new kind of gender equality and a legitimate exercise of one’s freedom of religion – a treasured right in democratic societies. This book finds that, across seemingly diverse legal and political traditions, a set of discursive frameworks – the preoccupation with autonomy and choice; the imperative of gender equality; and a particular western understanding of religion and religious subjectivity – shape the positions of both proponents and opponents of various restrictions on Islamic veiling. Rather than take a position on one or the other side of the debate, the book focuses on the frameworks themselves, highlighting their limitations
Islamophobia in Cyberspace: Hate Crimes Go Viral
by Imran AwanCyber hate can take many different forms from online material which can lead to actual offline abuse and violence, cyber violence; cyber stalking, and online harassment with the use of visual images, videos, chat rooms, text and social media which are intended to cause harm. This book examines the case for current guidelines dealing with online anti-Muslim abuse and concludes that we require a new understanding of this online behaviour and the impact it can have on vulnerable communities. It is unique as it focuses on new technology in the form of social media and the Internet and explores the challenges the police and other agencies face when confronting anti-Muslim abuse in cyberspace. It also provides a critique of how people are targeted by online offenders and helps us understand online anti-Muslim behaviour in a much more detailed and comprehensive way by bringing together a range of experts who will examine this phenomenon and critically discuss why they think it has become so much more prevalent than it was before.
Islamophobia in European Cities: Solidarities, Responses and Dilemmas for Young Balkan Muslims (Routledge Advances in Minority Studies)
by Francesco TrupiaThe demise of socialism in Southeast Europe coincided with the breakout of wars and genocidal violence against local Muslim populations. After being displaced and forced to migrate to different European countries, those former socialist citizens quickly developed institutions of sociability and unobtrusively enacted postulates of solidarity. This book brings a spotlight on the “generations after” born to Balkan Muslim families whose repatriation could not take place due to the continuous political instability and insecurity in their homelands. It investigates the new modes of these “second generations” to respond to the current crisis of liberal democracy and rampant Islamophobia in their places of residence. By relating spatial issues to broader religious and political questions, this study shines a light on the civic engagement, religious practices and political sensitivities of young Muslims with Balkan roots in Belgium, Germany, Italy and Poland. The book will be of interest to academics, researchers and policy-makers working in the areas of Islamic Studies, Migration Studies, Anthropology of Religion and Memory Studies.
Islamophobia in the West: Measuring and Explaining Individual Attitudes (Routledge Advances in Sociology)
by Marc HelblingSince the late 1980s, growing migration from countries with a Muslim cultural background, and increasing Islamic fundamentalism related to terrorist attacks in Western Europe and the US, have created a new research field investigating the way states and ordinary citizens react to these new phenomena. However, whilst we already know much about how Islam finds its place in Western Europe and North America, and how states react to Muslim migration, we know surprisingly little about the attitudes of ordinary citizens towards Muslim migrants and Islam. Islamophobia has only recently started to be addressed by social scientists. With contributions by leading researchers from many countries in Western Europe and North America, this book brings a new, transatlantic perspective to this growing field and establishes an important basis for further research in the area. It addresses several essential questions about Islamophobia, including: what exactly is Islamophobia and how can we measure it? how is it related to similar social phenomena, such as xenophobia? how widespread are Islamophobic attitudes, and how can they be explained? how are Muslims different from other outgroups and what role does terrorism and 9/11 play? Islamophobia in the West will be of interest to students and scholars of sociology, religious studies, social psychology, political science, ethnology, and legal science.
Islands of Sovereignty: Haitian Migration and the Borders of Empire (Chicago Series in Law and Society)
by Jeffrey S. KahnIn Islands of Sovereignty, anthropologist and legal scholar Jeffrey S. Kahn offers a new interpretation of the transformation of US borders during the late twentieth century and its implications for our understanding of the nation-state as a legal and political form. Kahn takes us on a voyage into the immigration tribunals of South Florida, the Coast Guard vessels patrolling the northern Caribbean, and the camps of Guantánamo Bay—once the world’s largest US-operated migrant detention facility—to explore how litigation concerning the fate of Haitian asylum seekers gave birth to a novel paradigm of offshore oceanic migration policing. Combining ethnography—in Haiti, at Guantánamo, and alongside US migration patrols in the Caribbean—with in-depth archival research, Kahn expounds a nuanced theory of liberal empire’s dynamic tensions and its racialized geographies of securitization. An innovative historical anthropology of the modern legal imagination, Islands of Sovereignty forces us to reconsider the significance of the rise of the current US immigration border and its relation to broader shifts in the legal infrastructure of contemporary nation-states across the globe.
Isocracy: The Institutions of Equality (Palgrave Studies in Classical Liberalism)
by Nicolò BellancaIn the twentieth century there were two great political and social paradigms, the liberal-democratic and the libertarian (in its various socialist, anarchist, and communist delineations). The central idea of the first approach is isonomy: the exclusion of any discrimination on the basis that legal rights are afforded equally to all people. The central idea of the second approach is rather to acknowledge and address a broader spectrum of known inequalities. Such an approach, Bellanca argues, allows the pursuit of pluralism as well as a more realistic and complex view of what equality is. Here he analyzes the main economic and political institutions of an isocratic society, and in so doing, effectively outlines how a utopian society can be structurally and anthropologically realized.This book is ideal reading for an audience interested in the critique of contemporary capitalism through a renewed perspective of democratic socialism and leftist libertarianism. Nicolò Bellanca is Associate Professor of Development Economics at the University of Florence, Italy. He is the author of a broad array of scholarly articles, books and textbooks about both the history of economic thought and development economics. His current research focuses on the theory of institutional change.
Israelis and Palestinians: From the Cycle of Violence to the Conversation of Mankind
by Jonathan GloverCan Israelis and Palestinians end their long conflict? The shocking violence of current events undermines hope, as does the long history of peace deals sabotaged by extremists on both sides. In this compelling and timely book, the eminent moral philosopher Jonathan Glover argues that one vital step towards progress is to better understand the disturbing psychology of the cycle of violence. Glover explores the psychological flaws that entrap both sides: the urge to respond to wounds or humiliation with backlash; political or religious beliefs held with a rigidity that excludes compromise; and people’s identity being shaped by the conflict in ways that make it harder to imagine or even desire alternatives. Drawing on the history of comparable conflicts that eased over time, Glover proposes some ways to gradually weaken the grip of this psychology. Completed as casualties mounted in the latest political and humanitarian crisis, Israelis and Palestinians is essential reading for anyone concerned by the ongoing violence in the Middle East.
Israel’s Targeted Killing Policy: Moral, Ethical & Operational Dilemmas
by Boaz Ganor Liram Koblentz-StenzlerThe book explores the main moral, ethical and operational dilemmas of targeted killings from an Israeli perspective. Even though many countries contending with terrorism have adopted this tool (either overtly or covertly) within the arsenal used in implementing their counter-terrorism policies, it seems that Israel, as one of the world's leading practitioner of targeted killing in its counter-terrorism effort, constitutes the most appropriate case study for reviewing implications and dilemmas associated with this practice. Each chapter will present a different ethical–moral–operational dilemma emanating from a deployment of a targeted killing. The analysis of Israeli considerations and solutions to these dilemmas is built around interviews with Israeli decision-makers, former senior security officials and other experts. The chapters also cover public opinion polls in order to highlight the views of the Israeli public vis-a-vis each dilemma. Finally, chapters will conclude with lessons learned and offer recommendations for a practical and moral solution. The final chapter then draws together universal conclusions and recommendations for the use of targeted killings.