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.
What is Sharia? What does Islam teach? To what extent do ordinary Muslims know about and understand Islamic rules? How can one learn sharia in a simple, accurate way? How do Muslim scholars derive Sharia rules? The objective of the present book is to be a study course for law students who want to learn how to perform Islamic legal reasoning. The goal is to simplify the material to the point where students who are not professional Islamic scholars can, nevertheless, discuss and analyze sharia.
“The world today has become one large village. Muslims and non-Muslims live side by side and have to learn about one another, share commonalities and respect differences. At this time more than one and a half billion Muslims live in this village. Some of them are pious Muslims, trying to live in accordance with Islamic rules, whereas others do not while believing that these rules come from God (the Qur’an), from interpretations of His Messenger (the Sunnah) or the consensus of Muslim jurists (ijmâ‘), and are at least rules derived via analogy (qiyâs) from the main sources of Islam. Most Muslims think along these lines and agree with the above. The reader should remember that Muslim individuals should live according to Islamic rules in private, but no individual is responsible for implementing Islamic law. In any event, the need to learn the facts about Islamic law is necessary for Muslims as well as for non-Muslims if they live in the same society with Muslims, at least in the sense of general information. In any event, the need to learn the facts about Islamic law is necessary for Muslims as well as for non-Muslims if they live in the same society with Muslims, at least in the sense of general information. We should keep in mind here that only sovereign Muslim states/governments have the legal authority to implement Islamic law. An individual Muslim has no legal authority or power to implement Islamic law. The law of Islam certainly does not say that every Muslim is obliged to implement Islamic law. It matters not how efficient and popular that individual may be as a brave warrior or a meticulous planner of unlawful and immoral schemes of hatred, terror and destruction. Only people who are properly qualified and trained, and hold a license from Muslim governmental authorities, have the authority to issue fatwâs. Not every Muslim individual qualifies as a Muftî (a jurist-consult or scholar of law who has been given a license to issue fatwâs.). For this reason Bediuzzaman says: “And we know that the fundamental aims of the Qur’an and its essential elements are fourfold: divine unity (al-tawhîd), prophethood (al-nubuwwah), the resurrection of the dead (al-hashr), and justice (al-ʿadalah). Al-Adâlah means law. He adds in another treatise: “Let our ulul-amr (satesmen and political authorities) think over implementing these rules”. This book is divided into eight chapters. Chapter I.Because of the many misunderstandings that arise, some terms related to Islamic Law, such as Sharî‛ah, fiqh, qânûn, ‘urf, Islamic Law, and Muhammadan Law are explained. Chapter II.Here, in this chapter dedicated to references on Islamic Law, the real added value of this book is found. Chapter III. This chapter looks at four periods of Islamic Law: the period of the Prophet Muhammad, the period of the Companions, the period of the Tabi‘în, and an introduction to the period of Mujtahidîn. Chapter IV. We will provide detailed information here on the different law schools and theological divisions. Chapter V. This chapter will be devoted to a period of Islamic law that has been neglected in both old and new books and articles, i.e. the period of Islamic Law after the Turks converted to Islam (960-1926). Chapter VI. This chapter will focus also on three main subjects: Anglo-Muhammadan law (Indo-Muslim law), Syariah or Islamic Law in Southeast Asia, and Islamic Law in contemporary Muslim states like Egypt, Pakistan, Morocco, Indonesia and Jordan. Chapter VII. We will explain the system and methodology of Islamic Law in this chapter. Chapter VIII. We will give some brief information here on the implementation of Islamic Law, its future; some encyclopedical works on Islamic law, and new institutions of Islamic fiqh.”
This book presents a broad account of the present knowledge of the history and outlines the system of Islamic law. Showing that Islamic law is the key to understanding the essence of one of the great world religions, this book explores how it still influences the laws of contemporary Islamicstates, and is in itself a remarkable manifestation of legal thought.
A world expert's introduction to the controversial subject of Islamic law Providing a comprehensive and accessible examination of Shari’ah Law, this well considered introduction examines the sources, characteristic features, and schools of thought of a system often stereotyped for its severity in the West. In a progressive and graduated fashion, Mohammad Hashim Kamali discusses topics ranging from juristic disagreement to independent reasoning. Also broaching more advanced topics such as the principle of legality and the role and place of Shari’ah-oriented policy, Kamali controversially questions whether Islam is as much of a law-based religion as it has often been made out to be. Complete with a bibliography and glossary, and both a general index and an index of Arabic quotations, this wide-ranging exploration will prove an indispensable resource for Islamic students and scholars, and an informative guide to a complex topic for the general reader.
Very Short Introductions: Brilliant, Sharp, Inspiring Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. It is applicable in different forms as part of state law in countries across the Middle East, Asia, and Africa, and also has a strong influence on Muslim communities throughout the Western world. This Very Short Introduction provides an authoritative perspective on the evolution and nature of Islamic law. Mashood A. Baderin considers its theory, covering the history and nature of Islamic jurisprudence; its scope, covering Family Law, Inheritance Law, Financial Law, Penal Law, and International Law; and, finally, its practice. He takes into account both classical and modern scholarly perspectives in examining the various facets of Islamic law, to provide an overview of this key legal system. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
The current view among Western scholars of Islam concerning the early development of Islamic jurisprudence was shaped by Joseph Schacht’s famous study on the subject published 50 years ago. Since then new sources became available which make a critical review of his theories possible and desirable. This volume uses one of these sources to reconstruct the development of jurisprudence at Mecca, virtually unknown until now, from the beginnings until the middle of the second Islamic century. New methods of analysis are developed and tested in order to date the material contained in the earliest compilations of legal traditions more properly. As a result the origins of Islamic jurisprudence can be dated much earlier than claimed by Schacht and his school.
