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"ISLAMIC LAW"
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Sharia compliant : a user's guide to hacking Islamic law
This book covers the ins and outs of Islamic legal change and provides readers with step-by-step instructions for shaping the future of Islamic law.
Book
Non-Muslims in the Early Islamic Empire
The Muslim conquest of the East in the seventh century entailed the subjugation of Christians, Jews, Zoroastrians and others. Although much has been written about the status of non-Muslims in the Islamic empire, no previous works have examined how the rules applying to minorities were formulated. Milka Levy-Rubin's remarkable book traces the emergence of these regulations from the first surrender agreements in the immediate aftermath of conquest to the formation of the canonic document called the Pact of 'Umar, which was formalized under the early 'Abbasids, in the first half of the ninth century. The study reveals that the conquered peoples themselves played a major role in the creation of these policies and that they were based on long-standing traditions, customs and institutions from earlier pre-Islamic cultures that originated in the worlds of both the conquerors and the conquered. In its connections to Roman, Byzantine and Sasanian traditions, the book will appeal to historians of Europe as well as Arabia and Persia.
eBook
The codification of Islamic criminal law in the Sudan : penal codes and Supreme Court case law under Numayrهi and al-Bashهir
In 'The Codification of Islamic Criminal Law in the Sudan', Olaf Kèondgen offers an in-depth analysis of the Sudan's Islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the Supreme Court, and their practical application. He examines issues that arise in sharia criminal law, including homicide, bodily harm, unlawful sexual intercourse (zina, liwat), rape, unfounded accusation of unlawful sexual intercourse (qadhf), highway robbery (hiraba), apostasy (ridda), and alcohol consumption. 0Drawing on a wide range of primary and secondary sources, a large number of previously untapped Supreme Court cases, and interviews with judges and politicians, Kèondgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world's longest lasting applications of codified sharia criminal law.0. --Back cover.
Book
Radical reform : Islamic ethics and liberation
This book tackles head-on the rulings of Islamic jurists that make Islam seem incompatible with modern, scientifically, and technologically advanced, democratic societies. The book argues that it is crucial to find theoretical and practical solutions that will enable Western Muslims to remain faithful to Islamic ethics while fully living within their societies and their time. It notes that Muslim scholars often refer to the notion of ijtihâd (critical and renewed reading of the foundational texts) as the only way for Muslims to take up these modern challenges. But, the book argues, in practice such readings have effectively reached the limits of their ability to serve the faithful in the West as well as the East. This book sets forward a radical new concept of ijtihâd, which puts context—including the knowledge derived from the hard and human sciences, cultures, and their geographic and historical contingencies—on an equal footing with the scriptures as a source of Islamic law. This global and comprehensive approach, it says, seems to be the only way to go beyond the current limits and face up to the crisis in contemporary Islamic thought: Muslims need a contemporary global and applied ethics. After setting out this proposal, the book applies a new methodology to several practical case studies involving controversial issues in five areas: medical ethics, education, economics, marriage and divorce, culture, and creativity.
eBook
\Off the straight path\ : illicit sex, law, and community in Ottoman Aleppo
The legal treatment of sexual behavior is a subject that receives little scholarly attention in the field of Middle East women's studies. Elyse Semerdjian's 'Off the Straight Path' takes a bold step toward filling that gap, offering a fascinating look at the historical progression of Islamic law's treatment of illicit sex.
Book
Islamic Divorce in the Twenty-First Century
Islamic Divorce in the 21st Century shows the wide range
of Muslim experiences in marital disputes and in seeking Islamic
divorces. For Muslims, having the ability to divorce in accordance
with Islamic law is of paramount importance. However, Muslim
experiences of divorce practice differ tremendously. The chapters
in this volume discuss Islamic divorce from West Africa to
Southeast Asia, and each story explores aspects of the everyday
realities of disputing and divorcing Muslim couples face in the
twenty-first century. The book's cross-cultural and comparative
look at Islamic divorce indicates that Muslim divorces are impacted
by global religious discourses on Islamic authority, authenticity,
and gender; by global patterns of and approaches to secularity; and
by global economic inequalities and attendant patterns of
urbanization and migration. Studying divorce as a mode of Islamic
law in practice shows us that the Islamic legal tradition is
flexible, malleable, and context-dependent.
eBook
Women, Family, and Gender in Islamic Law
In what ways has Islamic law discriminated against women and privileged men? What rights and power have been accorded to Muslim women, and how have they used the legal system to enhance their social and economic position? In an analysis of Islamic law through the prism of gender, Judith Tucker tackles these complex questions relating to the position of women in Islamic society, and to the ways in which the legal system impacted on the family, property rights, space and sexuality, from classical and medieval times to the present. Working with concepts drawn from feminist legal theory and by using particular cases to illustrate her arguments, the author systematically addresses questions of discrimination and expectation - what did men expect of their womenfolk - and of how the language of the law contributed to that discrimination, infecting the system and all those who participated in it.
eBook
\Off the Straight Path\
The legal treatment of sexual behavior is a subject that receives little scholarly attention in the field of Middle East women’s studies. Important questions about the relationship between sexuality and the law and about the societies enforcing that relationship are rarely addressed in the current literature. Elyse Semerdjian’s \"Off the Straight Path\" takes a bold step toward filling that gap, offering a fascinating look at the historical progression of Islamic law’s treatment of illicit sex. Semerdjian provides a comprehensive review of the concept of zina, sexual indiscretion, exploring the diverse interpretation of zina crime as presented in a variety of sources from the Qur’an and hadith to legal literature. She then delves into the history of legal responses to zina within the specific community of Aleppo, Syria. Drawing on a wealth of shari ’a court records, Semerdjian brings to life Syrian society during the Ottoman period. With vivid detail, she describes specific women’s lives and experiences as their cases are presented before the court. Semerdjian argues that the actual treatment of zina crimes in the courts differs substantially from sentences prescribed by codifed Islamic jurisprudence. In contrast to the violent corporal punishments dictated in the Islamic legal code, the courts often punished crimes of sexual indiscretion with nonviolent sentences, such as removal from the community. Employing exceptional insight, \"Off the Straight Path\" presents a powerful challenge to the traditional view of Islamic law, enabling a richer understanding of Islamic society.
eBook