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Author: Majid Khadduri
Publisher: JHU Press
Published: 1984
Total Pages: 280
ISBN-13: 9780801869747
DOWNLOAD EBOOKMajid Khadduri, one of the world's preeminent authorities on Islamic justice and jurisprudence, presents his extensive study and reflection on Islamic political, legal, ethical, and social philosophy. This book is both a magisterial historical synthesis and an illumination of the beliefs and practices of modern Islam. (World Religion)
Author: Safraz Bacchus
Publisher: FriesenPress
Published: 2014-10-20
Total Pages: 69
ISBN-13: 1460253566
DOWNLOAD EBOOKThe 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 The misconception is that the Muslim judge judges blindly according to a rigid set of outdated laws without giving due consideration to what is in the best interest of either the public or in upholding the rights of a person.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: Lawrence Rosen
Publisher: University of Chicago Press
Published: 2018-03-13
Total Pages: 293
ISBN-13: 022651174X
DOWNLOAD EBOOKIn 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: Amartya Sen
Publisher: Harvard University Press
Published: 2011-05-31
Total Pages: 497
ISBN-13: 0674060474
DOWNLOAD EBOOKPresents an analysis of what justice is, the transcendental theory of justice and its drawbacks, and a persuasive argument for a comparative perspective on justice that can guide us in the choice between alternatives.
Author: Lawrence Rosen
Publisher: Cambridge University Press
Published: 1989-06-15
Total Pages: 136
ISBN-13: 9780521367400
DOWNLOAD EBOOKLaw has often been seen as a relatively autonomous domain, one in which a professional elite sharply control the impact of broader social relations and cultural concepts. By contrast this study asserts that the analysis of legal systems, like the analysis of social systems generally, requires an understanding of the concepts and relationships encountered in everyday social life. Using as its substantive base the Islamic law courts of Morocco, the study explores the cultural basis of judicial discretion. From the proposition that in Arabic culture relationships are subject to considerable negotiation the idea is developed that the shaping of facts in a court of law, the use of local experts, and the organization of the judicial structure all contribute to the reliance on local concepts and personnel to inform the range of judicial discretion. By drawing comparisons with the exercise of judicial discretion in America the study demonstrates that cultural concepts deeply inform the evaluation of issues and the shapes of a judge's decision. The Anthropology of Justice is not only the first full-scale study of the actual operations of the actual operations of a modern Islamic law court anywhere in the Arab world but a demonstration of the theoretical basis on which a cultural analysis of the law may be founded.
Author: Najātī Sayyid Aḥmad Sanad
Publisher: Office OIS Chi
Published: 1991
Total Pages: 114
ISBN-13:
DOWNLOAD EBOOKAuthor: Lawrence Rosen
Publisher: Oxford University Press, USA
Published: 2000
Total Pages: 258
ISBN-13: 9780198298847
DOWNLOAD EBOOKUsing 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: Nevin Reda
Publisher: McGill-Queen's Press - MQUP
Published: 2020-12-10
Total Pages:
ISBN-13: 0228002966
DOWNLOAD EBOOKSince the 1980s, Muslim women reformers have made great strides in critiquing and reinterpreting the Islamic tradition. Yet these achievements have not produced a significant shift in the lived experience of Islam, particularly with respect to equality and justice in Muslim families. A new approach is needed: one that examines the underlying instruments of tradition and explores avenues for effecting change. In Islamic Interpretive Tradition and Gender Justice leading intellectuals and emerging researchers grapple with the problem of entrenched positions within Islam that affect women, investigating the processes by which interpretations become authoritative, the theoretical foundations upon which they stand, and the ways they have been used to inscribe and enforce gender limitations. Together, they argue that the Islamic interpretive tradition displays all the trappings of canonical texts, canonical figures, and canon law – despite the fact that Islam does not ordain religious authorities who could sanction processes of canonization. Through this lens, the essays in this collection offer insights into key issues in Islamic feminist scholarship, ranging from interreligious love, child marriage, polygamy, and divorce to stoning, segregation, seclusion, and gender hierarchies. Rooting their analysis in the primary texts and historical literature of Islam, contributors to Islamic Interpretive Tradition and Gender Justice contest oppressive interpretative canons, subvert classical methodologies, and provide new directions in the ongoing project of revitalizing Islamic exegesis and its ethical and legal implications.
Author: David L. Johnston
Publisher: Equinox Publishing (UK)
Published: 2020
Total Pages: 202
ISBN-13: 9781781799345
DOWNLOAD EBOOKseeks to elucidate the concept of justice. It draws inspiration from two recent works of philosopher Nicolas Wolterstorff, but also from the groundbreaking Islamic initiative of 2007, the Common Word Letter addressed by 138 eminent Muslim scholars and clerics to the pope and all Christian leaders.
Author: Mohammad Hashim Kamali
Publisher:
Published: 2002
Total Pages: 184
ISBN-13: 9781903682029
DOWNLOAD EBOOKIn Freedom, Equality and Justice in Islam, M H Kamali presents the reader with an analysis of the three concepts of freedom, equality and justice from an Islamic point of view and their manifestations in the religious, social, legal and political fields. The author discusses the evidence to be found for these concepts in the Qur'an and Sunna, and reviews the interpretations of the earlier schools of law. The work also looks at more recent contributions by Muslim jurists who have advanced fresh interpretations of freedom, equality and justice in the light of the changing realities of contemporary Muslim societies. Freedom, Equality and Justice in Islam is part of a series dedicated to the fundamental rights and liberties in Islam and should be read in conjunction with The Dignity of Man: An Islamic Perspective and Freedom of Expression in Islam.
