Understanding Sharia Processes
Understanding Sharia Processes

Author: Farrah Ahmed

Publisher: Hart Publishing

Published: 2021

Total Pages: 208

ISBN-13: 9781509920754

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"The question of whether liberal states such as the United Kingdom, Canada, the United States and Australia should recognise sharia family law processes has attracted increasing debate and controversy in recent years. While the reasons for opposition to sharia processes are complex, they often feature the concern that sharia processes disadvantage Muslim women. However, to date there has been inadequate attention to the experiences of participants in sharia processes. The book will address two key questions namely; how liberal legal systems like Australia's should respond to sharia processes, and more specifically; how it can best respond to the needs of Muslim women who use these processes. In doing so, this book offers unique evidence to inform future policy developments in Australia that will also have implications for other liberal jurisdictions. In this way, this book makes a significant contribution to the international discussion and response to sharia processes"--

Understanding Sharia
Understanding Sharia

Author: Raficq S. Abdulla

Publisher: Bloomsbury Publishing

Published: 2018-04-30

Total Pages: 243

ISBN-13: 1786724057

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Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs.

Modern Challenges to Islamic Law
Modern Challenges to Islamic Law

Author: Shaheen Sardar Ali

Publisher: Cambridge University Press

Published: 2016-10-06

Total Pages: 329

ISBN-13: 1107033381

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This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.

Living Sharia
Living Sharia

Author: Timothy P. Daniels

Publisher: University of Washington Press

Published: 2017-12-12

Total Pages: 281

ISBN-13: 0295742569

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Drawing on ethnographic research, Living Sharia examines the role of sharia in the sociopolitical processes of contemporary Malaysia. The book traces the contested implementation of Islamic family and criminal laws and sharia economics to provide cultural frameworks for understanding sharia among Muslims and non-Muslims. Timothy Daniels explores how the way people think about sharia is often entangled with notions about race, gender equality, nationhood, liberal pluralism, citizenship, and universal human rights. He reveals that Malaysians’ ideas about sharia are not isolated from—nor always opposed to—liberal pluralism and secularism. Living Sharia will be of interest to scholars as well as to policy makers, consultants, and professionals working with global NGOs.

Sharia Dynamics
Sharia Dynamics

Author: Timothy P. Daniels

Publisher: Springer

Published: 2017-01-12

Total Pages: 363

ISBN-13: 331945692X

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This multidisciplinary volume explores the role of Islamic law within the dynamic processes of postcolonial transformation, nation building, and social reform. Here, eleven international scholars examine Islamic law in several contemporary sociopolitical contexts, focusing specifically on Malaysia, Indonesia, Pakistan, China, Tunisia, Nigeria, the United States, and the International Islamic Fiqh Academy (IIFA) of the Organization of Islamic Cooperation (OIC). The contributors also address the entanglement of Islamic law and ethics with the history of Muslim religious discourses, shifts toward modernity, gender relations, and efforts to construct exclusive or plural national communities. Sharia Dynamics, at once enchanting and enlightening, is a must-read for scholars of contemporary Islam.

Islamic Law and International Law
Islamic Law and International Law

Author: Emilia Justyna Powell

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 329

ISBN-13: 0190064633

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"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--

Islam, Sharia and Alternative Dispute Resolution
Islam, Sharia and Alternative Dispute Resolution

Author: Mohamed M. Keshavjee

Publisher: Bloomsbury Publishing

Published: 2013-06-30

Total Pages: 311

ISBN-13: 0857733796

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The meanings and contexts of Shari'a are the subject of both curiosity and misunderstanding by non-Muslims. Shari'a is sometimes crudely characterised by outsiders as a punitive legal system operating broadly outside, and separate from, national laws and customs. This groundbreaking book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case. Far from being monolithic or impervious to change from without, Muslim legal tradition has - since its beginnings in the early Islamic period - placed an emphasis on equity and non-adversarial conflict-resolution. Mohamed Keshavjee examines both Sunni and Shi'a applications of Islamic law, demonstrating how political, cultural and other factors have influenced the practice of fiqh and Shari'a in the West. Exploring in particular the modern development of Alternative Dispute Resolution (ADR), the author shows that this process can revitalise some of the essential principles that underlie Muslim teachings and jurispudence, delivering not only formal remedies but also perceived justice, even to non-Muslims.

Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law
Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law

Author: Ahmad Al-Raysuni

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2005-01-01

Total Pages: 482

ISBN-13: 1565644123

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With the end of the early Islamic period, Muslim scholars came to sense that a rift had begun to emerge between the teachings and principles of Islam and Muslims’ daily reality and practices. The most important means by which scholars sought to restore the intimate contact between Muslims and the Qur’an was to study the objectives of Islam, the causes behind Islamic legal rulings and the intentions and goals underlying the Shari'ah, or Islamic Law. They made it clear that every legal ruling in Islam has a function which it performs, an aim which it realizes, a cause, be it explicit or implicit, and an intention which it seeks to fulfill, and all of this in order to realize benefit to human beings or to ward off harm or corruption. They showed how these intentions, and higher objectives might at times be contained explicitly in the texts of the Qur’an and the Sunnah, while at other times, scholars might bring them to light by means of independent reasoning based on their understanding of the Qur’an and the Sunnah within a framework of time and space. This book represents a pioneering contribution presenting a comprehensive theory of the objectives of Islamic law in its various aspects, as well as a painstaking study of objectives-based thought as pioneered by the father of objectives-based jurisprudence, Imam Abu Ishaq al-Shatibi; in addition, the author presents us with an important study of al-Shatibi himself which offers a wealth of new, beneficial information about the life, thought and method of this venerable man.

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

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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.

Shari’a
Shari’a

Author: Abbas Amanat

Publisher: Stanford University Press

Published: 2007-09-17

Total Pages: 265

ISBN-13: 0804779538

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This volume presents ten leading scholars' writings on contemporary Islamic law and Muslim thought. The essays examine a range of issues, from modern Muslim discourses on justice, natural law, and the common good, to democracy, the social contract, and "the authority of the preeminent jurist." Changes in how Shari'a has been understood over the centuries are explored, as well as how it has been applied in both Sunni and Shi'i Islam. Debates on the nature, interpretation, reform, and application of Shari'a lie at the core of all Islamist revivalist ideologies and movements of the past two centuries. The demand for the implementation of Shari'a is one of the hallmarks of Islamic fundamentalism, and Shari'a has become one of the most controversial and politicized concepts in Muslim-majority countries today. This is one of the first books to examine how Muslims understand and apply Shari'a in contemporary societies.