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This book explains a perspective on the system of justice that emerges in Islam if rules are followed and how the Islamic system is differentiated from the conventional thinking on justice. It examines conceptions of justice from the Enlightenment to Bentham to Rawls to contemporary philosophers including Sen, Cohen, Nussbaum, and Pogge. The authors present the views of twentieth century Muslim thinkers on justice who see Muslims upholding rituals but not living according to Qur’anic rules. It provides empirical surveys of the current state of justice in Muslim countries analyzing the economic, social, and political state of affairs. The authors conclude by assessing the state of justice-injustice in Muslim countries and highlighting areas in need of attention for justice to prevail.
Majid 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)
This book examines the conceptions of justice from Zarathustra to Islam. The text explores the conceptions of justice by Zarathustra, Ancient Egypt, India, Mesopotamia, Noah, Abraham, and Moses. During the Axial Age (800-200BCE), the focus of justice is in India, China, and Greece. In the post-Axial age, the focus is on Christianity. The authors then turn to Islam, where justice is conceived as a system, which emerges if the Quranic rules are followed. This work concludes with the views of early Muslim thinkers and on how these societies deteriorated after the death of the Prophet. The monograph is ideal for those interested in the conception of justice through the ages, Islamic studies, political Islam, and issues of peace and justice. Abbas Mirakhor is former Executive Director and Dean of the Executive Board of the International Monetary Fund. Previously, he taught at universities in Iran and in the US and was the First Holder of the INCEIF Chair in Islamic Finance at INCEIF in Malaysia. Hossein Askari is former Assistant Professor at Tufts University, Professor of Business and Middle East Studies at the University of Texas at Austin, and was the Iran Professor of Business and International Affairs at The George Washington University, becoming Emeritus in 2019.
A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.
In 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.
This book examines the conceptions of justice from Zarathustra to Islam. The text explores the conceptions of justice by Zarathustra, Ancient Egypt, India, Mesopotamia, Noah, Abraham, and Moses. During the Axial Age (800-200BCE), the focus of justice is in India, China, and Greece. In the post-Axial age, the focus is on Christianity. The authors then turn to Islam, where justice is conceived as a system, which emerges if the Qur’anic rules are followed. This work concludes with the views of early Muslim thinkers and on how these societies deteriorated after the death of the Prophet. The monograph is ideal for those interested in the conception of justice through the ages, Islamic studies, political Islam, and issues of peace and justice.
This book aims to explore and analyse Islamic Moral Economy (IME) as an alternative economic and social system to capitalism and socialism. It proposes a new model of Islamic development, integrating global development within an Islamic framework of spiritual development. It is argued that the failure of Muslim countries to provide basic necessities and an environment free of oppression and injustice can be overcome with this authentic Islamic development framework. In addition, this book can be an important study to identify the theological, political, social and economic boundaries for changing the society to produce IME oriented developmentalism.
The eighth volume of the series "Key Concepts of Interreligious Discourses" investigates the roots of the concept of "peace" in Judaism, Christianity and Islam and its relevance for the present time. Facing present violent conflicts waged and justified by religious ideas or reasons, peace building prevails in current debates about religion and peace. Here the central question is: How may traditional sources in religions help to put down the weapons and create a society in which everyone can live safely without hostilities and the threat of violence? When we take the Sacred Scriptures of Judaism, Christianity and Islam into consideration it becomes obvious that the term "peace" and its equivalents in Hebrew, Greek and Arabic describe, at first, an ideal state based on the "love" / "mercy" of God to his creation. It is a divine gift that brings inward peace to the individuum and outer peace resting upon justice and equality. One main task of Jews, Christian and Muslims in the history is to find out how to bring down this transcendent ideal upon earth. The volume presents the concept of "peace" in its different aspects as anchored in the traditions of Judaism, Christianity and Islam. It unfolds commonalities and differences between the three monotheistic religions as well as the manifold discourses about peace within these three traditions. The book offers fundamental knowledge about the specific understanding of peace in each one of these traditions, their interdependencies and their relationship to secular world views.
Can the concept of law be indiscriminately extended to times and places in which it did simply not exist? Such an extension is at best useless and at worst misleading. Producing an intelligible jurisprudence of the concept of law means keeping it within the reasonable boundaries of its contemporary common-sense understanding: positive law. Parallel to Western societies in which it firstly emerged, the concept of positive law developed in many places, including countries characterized as Muslim. There, it faced other existing normativities, like customs and the Sharia. This book aims, from the Muslim world's perspective, to clarify the uses of the concept of law and the ways of studying it, to describe some of its historical developments, including the ideas of constitutional law, customary law and forensic evidence, and to describe present-day practices, including reference to law sources, rules and interpretation.
Using 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.