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This small book is exactly what the title says it is: an outline. It is meant as a convenient handbook for the student. A more detailed ``code'' is being written to meet the needs of lawyers and researchers, and will hopefully be published soon. The purpose of this small book is to lay down the traditional law of Islam first, especially the law of the Hanafi school, and then to identify the points on which this law has been altered by statute or by case law. The purpose is not to identify the law first and then to fill the gaps with traditional law, which is what is done for the common law. On a few occasions, this outline differs from the position taken by other publications, especially Mulla's Code. The reason is that the position taken by such works, in these cases, is not in conformity with the traditional Islamic law. The differences have been indicated along with the position stated in such codes. Nevertheless, these occasions are not too many and the reader will not feel that there is a major departure from the earlier literature in the field. The outline also indicates those points where a decision taken by the learned courts is totally contrary to the rulings of traditional law. Reasons for disagreement have been indicated very briefly as a small outline cannot be burdened with detailed discussions. Despite its concise nature, the book has been quoted by some courts, including the Supreme Court of Pakistan.
Outlines of Islamic jurisprudence covers a number of topics of usul al-fiqh, sometimes in abridged form, that have been covered in the title on the subject of Islamic Jurisprudence by the same author. The significance of this book can only be understood through a comparison with that book. Islamic jurisprudence focuses on the discipline of usul al-fiqh and deals with it in an exhaustive way. It, thus, covers the different aspects of interpretation and theories of Islamic law. The present book includes some of the topics covered in that book. The bulk of Outlines of Islamic Jurisprudence, however, summarizes the entire law of Islam presenting it in a concise yet effective way. Property, contracts, evidence, procedure, constitutional matters and issues of Muslim personal law (family law) are dealt with efficiently. The last part of the book also includes information on the schools of law and their history. Due to the treatment of the entire Islamic law in a comprehensive way, the book is like a short encyclopedia. The book was first published in 1998 and is now in its sixth edition. It is very popular among law students, lawyers and even the general readers. Minor improvements to the book have been made over the years and it is constantly updated. Parts of the book dealing with property and contracts are taught independently as a one semester course on contracts, in particular for Islamic banking. The section on the history of the schools serves as a brief introduction to the law of Islam.
Islamic jurisprudence or usul al-fiqh provides the foundation for any meaningful study of Islamic law. The present book has been in the field for more than a decade and has received a positive response from many quarters. It is used as a textbook in a number of university courses. Over the years, however, students have shown an eagerness to know more. They have raised many questions whose answers the book did not provide. A catalogue of the questions asked, and those not asked, gave rise to the need to revise the book. The present, third, edition of the book has, therefore, been revised and three chapters at the end have been completely rewritten.
This volume of Princeton Readings in Religions brings together the work of more than thirty scholars of Islam and Muslim societies in South Asia to create a rich anthology of primary texts that contributes to a new appreciation of the lived religious and cultural experiences of the world's largest population of Muslims. The thirty-four selections--translated from Arabic, Persian, Urdu, Bengali, Tamil, Gujarati, Hindavi, Dakhani, and other languages--highlight a wide variety of genres, many rarely found in standard accounts of Islamic practice, from oral narratives to elite guidance manuals, from devotional songs to secular judicial decisions arbitrating Islamic law, and from political posters to a discussion among college women affiliated with an "Islamist" organization. Drawn from premodern texts, modern pamphlets, government and organizational archives, new media, and contemporary fieldwork, the selections reflect the rich diversity of Islamic belief and practice in South Asia. Each reading is introduced with a brief contextual note from its scholar-translator, and Barbara Metcalf introduces the whole volume with a substantial historical overview.
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
“Islamic law contains explications and divisions that imply a classification in terms of public and private law. In this book we will explain the outlines of Islamic public law, e.g. First Chapter; Islamic constitutional law (al-siyāsah al-shar‘iyyah) and administrative law (al-siyāsah al-shar‘iyyah); Second Chapter; penal law (al-̒uqūbāt); Third Chapter; financial law (zakāt, ʻushr, ḫarāj and other taxes); Fourth Chapter; trial law (qaḍā), and Fifth Chapter: international public law (al-siyar). The fields of especially Islamic constitutional law, administrative law, financial law, ta‘zīr penalties, and arrangements concerning military law based on the restricted legislative authority vested by Sharī‘ah rules and those jurisprudential decrees based on secondary sources like customs and traditions and the public good (maslahah) all fell under what was variously called public law, al-siyāsah al-shar‘iyyah (Sharī‘ah policy), qānūn (legal code), qānūnnāmah, ‘orfī ḥuqūq etc. Since these laws could not go beyond Sharī‘ah principles either, at least in theory, they should not be regarded as a legal system outside of Islamic law. But Islamic penal law, financial law, trial law, and international law depend mostly on rules that are based directly on the Qur’an and the Sunnah and codified in books of fiqh (Islamic law) called Sharī‘ah rules, Sharʻ-i sharīf, or Sharī‘ah law. Such rules formed 85% of the legal system. In this book, we will focus on some controversial problems in the Muslim world today, such as the form of government in Islamic law and the relation between Islam and democracy. Islamic law does not stipulate a certain method of state government; nonetheless, we may say that the principles it decrees and its concept of sovereignty suggest a religious republic. As a matter of fact, Ḫulafā al-Rāshidūn (the Rightly Guided Caliphs), were both caliphs and religious republican presidents. We could say that this book has three main characteristics. i) We have tried to base our explanations directly on the primary Islamic law sources. For example, after reading some articles on the caliphate or tīmār system in articles or books by some Western scholars and even by some Muslim scholars, one might conclude that there are different views on these subjects among Muslim scholars. This is not true: Muslisms have agreed on the basic rules on legal subjects, but there are some conflicts regarding nuances and interpretations. If one reads works by Imām Gazzali, Ibn Taymiyyah, al-Māwardi, and al-Farrā’, one will not find any disagreement on the main rules, but there are some different interpretations of some concepts. We have tried to discover where they agreed and we have sometimes pointed to where they differed. ii) We have researched practices of Islamic law, especially legal documents in the Ottoman archives. For example, we explain ḥadd-i sariqa but also mention some legal articles from the Ottoman legal codes (qānunnāmes) and some Sharī‘ah court decisions like legal decrees (i‘lāmāt-i shar‘iyyah). It is well known that nobody can understand any legal system without implementing and practicing it. That also holds for Islamic law because theory alone does not yield a complete understanding of Sharī‘ah rules. iii) We have worked hard to correct some misconceptions and misunderstandings about Islamic law. That is why we appeal to the primary sources. For example, some scholars claim that the Ḥanafī jurist Imām Saraḫsī did not accept the idea of punishment for apostasy. We have studied his work al-Mabsūt and found this claim to be unfounded. The comparison between tīmār and fief is another example because the tīmār system is different from the fief system. Some scholars confuse the concept of sovereignty and governance. The Islamic state is not a theocratic state in the sense in which Europeans understand the term.”
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.