Authority, Continuity and Change in Islamic Law

Authority, Continuity and Change in Islamic Law

Author: Wael B. Hallaq

Publisher: Cambridge University Press

Published: 2001-07-02

Total Pages: 285

ISBN-13: 0521803314

DOWNLOAD EBOOK

Wael B. Hallaq is regarded as one of the leading scholars in the field of Islamic law. In a path-breaking new book, the author shows how authority guaranteed both continuity and change in Islamic law. While the role of the law schools in augmenting these processes was of the essence, the author demonstrates that it was the construction of the absolutist authority of the school founder, an image which he suggests was actually developed later in history, that maintained the foundations of school methodology and hermeneutics. The defence of that methodology gave rise to an infinite variety of individual legal opinions, ultimately accommodating changes in the law. Thus the author concludes that the mechanisms of change were embedded in the very structure of Islamic law, despite its essentially conservative nature. This book will be welcomed by specialists and scholars in Islamic law for its rigour and innovation.


The Islamic Law of Personal Status

The Islamic Law of Personal Status

Author: Jamal J. Nasir

Publisher: BRILL

Published: 2021-10-05

Total Pages: 290

ISBN-13: 9004480382

DOWNLOAD EBOOK

This new edition of the authoritative English-language treatment of Islamic personal status law gives practitioners and courts throughout the world direct access to this important body of law in its most up-to-date development. All Middle Eastern and North African Arab states are covered; new to this edition is coverage of recent provisions enacted in Kuwait, Yemen, and Sudan. The chapter on dissolution of marriage has been completely revised to reflect current legal interpretation and judicial practice in this rapidly changing area of Islamic law. Also new and especially valuable are English versions, for the first time anywhere, of fundamental Shiite and Jaafari legal works with the most thorough analysis and commentary available in any non-Arabic source. Dr. Nasir's much-appreciated methodology has been continued since the very successful first edition of 1986. For each topic - e.g., marriage, dower, dissolution of marriage, parentage, inheritance, and waqf - he begins with a consideration of the subject in Sharia law, and then goes on to present legislation and contemporary views, in particular Arab countries. This approach, while it clearly manifests the continuity of Islamic law respecting personal status, is of great practical value to judges and practitioners, especially those who must resolve disputes under Islamic law in non-Muslim countries.


Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Author: Rainer Grote

Publisher: Oxford University Press, USA

Published: 2012-02-16

Total Pages: 755

ISBN-13: 019975988X

DOWNLOAD EBOOK

Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.


The Impossible State

The Impossible State

Author: Wael B. Hallaq

Publisher: Columbia University Press

Published: 2012-11-20

Total Pages: 273

ISBN-13: 0231530862

DOWNLOAD EBOOK

Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.


An Introduction to Islamic Law

An Introduction to Islamic Law

Author: Wael B. Hallaq

Publisher: Cambridge University Press

Published: 2009-07-09

Total Pages: 209

ISBN-13: 1139489305

DOWNLOAD EBOOK

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.


Between God and the Sultan

Between God and the Sultan

Author: Knut S. Vikør

Publisher: Oxford University Press, USA

Published: 2005

Total Pages: 406

ISBN-13: 9780195223989

DOWNLOAD EBOOK

The contrast between religion and law has been continuous throughout Muslim history. Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created a very particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book. Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sources of dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.


History of Islamic Law

History of Islamic Law

Author: Noel Coulson

Publisher: Edinburgh University Press

Published: 2014-03-11

Total Pages: 280

ISBN-13: 0748696490

DOWNLOAD EBOOK

The classic introduction to Islamic law, tracing its development from its origins,through the medieval period, to its place in modern Islam.


The Beginnings of Islamic Law

The Beginnings of Islamic Law

Author: Lena Salaymeh

Publisher: Cambridge University Press

Published: 2016-11-14

Total Pages: 257

ISBN-13: 1107133025

DOWNLOAD EBOOK

This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.


Migration and Islamic Ethics

Migration and Islamic Ethics

Author: Ray Jureidini

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9789004406407

DOWNLOAD EBOOK

Migration and Islamic Ethics, Issues of Residence, Naturalization and Citizenship contains various cases of migration movements in the Muslim world from ethical and legal perspectives to argue that Muslim migration experiences can offer a new paradigm of how the religious and the moral can play a significant role in addressing forced migration and displacement