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Analyzing pre-modern writings on Islamic legal theory, this book comprehensively presents the transformation of the concept of ma la a as a vehicle of legal change from a minor legal principle to being understood as the all-encompassing purpose of God s law.
The common ground between religions could be fruitfully promoted in order to call for an effective protection of the climate system. Positioned at a junction of different worlds, this book is a multidisciplinary work on Islamic law, common law and environmental law. Looking at the past, present and future, the author suggests a paradigm shift starting from the common ground in order to propose a better future for environmental law in Muslim countries. As the first book to compare Shari'a and common law in field of environmental protection, it suggests a new path in comparative environmental law by recognizing the contributions of both history and spirituality.
The "home" is a quintessentially quotidian topic, yet one at the center of global concerns: Consumption habits, aesthetic preferences, international trade, and state authority all influence the domestic sphere. For middle-class residents of late-nineteenth- and early-twentieth-century Beirut, these debates took on critical importance. As Beirut was reshaped into a modern city, legal codes and urban projects pressed at the home from without, and imported commodities and new consumption habits transformed it from within. Drawing from rich archives in Arabic, Ottoman, French, and English—from advertisements and catalogues to previously unstudied government documents—A Taste for Home places the middle-class home at the intersection of local and global transformations. Middle-class domesticity took form between changing urbanity, politicization of domesticity, and changing consumption patterns. Transcending class-based aesthetic theories and static notions of "Westernization" alike, this book illuminates the self-representations and the material realities of an emerging middle class. Toufoul Abou-Hodeib offers a cultural history of late Ottoman Beirut that is at once global in the widest sense of the term and local enough to enter the most private of spaces.
A Muslim Reformist in Communist Yugoslavia examines the Islamic modernist thought of Husein Đozo, a prominent Balkan scholar. Born at a time when the external challenges to the Muslim world were many, and its internal problems both complex and overwhelming, Đozo made it his goal to reinterpret the teachings of the Qur’an and hadīth (prophetic tradition) to a generation for whom the truths and realities of Islam had fallen into disuse. As a Muslim scholar who lived and worked in a European, communist, multi-cultural and multi-religious society, Husein Đozo and his work present us with a particularly exciting account through which to examine the innovative interpretations of Islam. For example, through a critical analysis of Đozo’s most significant fatwās and other relevant materials, this book examines the extent of the inherent flexibility of the Islamic law and its ability to respond to Muslim interests in different socio-political conditions. Since Đozo’s writings in general and his fatwās in particular have continued to be published in the Balkan lands up to the present, this monograph should help shed some light on certain assumptions underlying modern Islamic thought and consciousness found in the region.
This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.
From Anwar al-Sadat’s dramatic gambit in 1977 to the surprising declaration of the Abraham Accords in 2020, making peace with Israel was always a tough sell for Arab regimes. Through an analysis of hundreds of fatwas, sermons, essays, books, interviews, poems, postage stamps and other media, Peace in the Name of Allah examines how Egyptian, Jordanian, and Emirati political and religious authorities introduced Islamic justifi cations for peace with Israel, and how those opposed countered them. The discussion demonstrates the fl exible and ambiguous nature of revelation-based political discourses; Islam is neither ‘for’ nor ‘against’ peace with Israel – people are, as different Muslim political actors take competing or even contradictory positions.
In this book, a judge at the Shari'a Court of Jerusalem explains the religious law of Muslim minorities.
This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays.
In this book, the author examines sijills, the official documents of the Ottoman Islamic courts, to understand how sharia law, society and the early-modern economy of sixteenth- and seventeenth-century Ottoman Cairo related to the practice of custom in determining rulings. In the sixteenth century, a new legal and cultural orthodoxy fostered the development of an early-modern Islam that broke new ground, giving rise to a new concept of the citizen and his role. Contrary to the prevailing scholarly view, this work adopts the position that local custom began to diminish and decline as a source of authority. These issues resonate today, several centuries later, in the continuing discussions of individual rights in relation to Islamic law.
"Contemporary Muslims face the challenge of how can a legal system that was formulated in the classical period of Islam respond to the multitudinous challenges that present-day Muslims encounter? Is there a need for reformation in Islam? If so, where should it begin and in which direction should it proceed? Addressing this gap in Western scholarship, and contributing to the ongoing debate in Islamic scholarship, Shi'ism Revisited: Ijtihad and Reformation in Contemporary Times will: (i) explore how modernity has impinged on the classical formulation of Islamic law, and (ii) analyse how Shi'i jurists have responded to the intersection of shari'a (Islamic law) and modernity. The study is original and ground-breaking in that it seeks to tackle issues such as how Islamic law is being revised by Shi'i scholars on cases such as human rights, gender equality, the rights of non-Muslim minorities, and reconfiguring the rational and moral basis of Islamic law. Such questions have required scholars to apply ijtihad (independent reasoning) in providing solutions to the pressing questions in the religious and social fields. By examining the principles and application of Islamic legal theory (usul al-fiqh) and reformation in Shi'ism, as well as the current discourse on juristic hermeneutics and the basis of a new ijtihad, this research will address topics that have attracted much public attention. Since such issues have been largely neglected by Western scholarship, this book will provide a unique analysis of ijtihad and reformation in the Shi'i world"--