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This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.
This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed.
As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.
With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.
The Ashgate Research Companion to Contemporary Religion and Sexuality provides academics and students with a comprehensive and authoritative state-of-the-art review of current research in the area of sexuality and religion, broadly defined. This collection of expert essays offers an inter-disciplinary study of the important aspects of sexuality and religion, calling upon sociological, cultural, historical and theological contributions to an under-researched subject. The Companion focuses on the exploration of diverse religious faiths, spiritualities, and sexualities with contributions that embrace many contrasting approaches related to the contemporary context. By adopting a truly inter-disciplinary and multi-dimensional perspective, the Companion embraces the complexities of both sexuality and religion. Aimed primarily at a readership with specialist interest in both, The Ashgate Research Companion to Contemporary Religion and Sexuality offers an innovative and refreshing analysis of key theoretical and empirical issues in an increasingly relevant and expanding area of academic interest. The Companion comprises five main thematic sections, each with chapters ranging across a variety of crucial topics traversing various faith traditions. The principal themes are: epistemological and methodological issues; the significance of religious text; institutional religious settings; stability transformation and change; contesting hegemonic structures and discourses. Each section includes four chapters contributed by leading international experts in their respective fields and who are at the cutting-edge of current research. Collectively, they offer an inter-disciplinary and comprehensive survey of sexuality and religion.
This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.
A comprehensive overview of the latest research in religion and conflict resolution, this collection of twenty three essays brings together leading scholars in the field examining the contribution religious actors have made and are making towards peace and resolving. The Ashgate Research Companion to Religion and Conflict Resolution is primarily aimed at readerships with special interest in conflict resolution, international security, and religion and international relations, and will also serve as a valuable resource for policy makers and conflict resolution practitioners. The collection comprises five thematic sections, each with chapters on vital and mainly contemporary topics in the field of religion and conflict resolution. The principal themes include: ¢
Mohammad Fadel's scholarship on Islamic law and legal history ranges from medieval institutions and the history of Islamic legal interpretation to urgent problems relating to the modern reception and re-assessment of Islamic legal doctrine. Fadel's intellectual concerns focus primarily on the compatibility of the Islamic legal tradition with modern liberal political arrangements, but in his research and writing he also delves into the realm of premodern Islamic legal thought and institutions. His Rawlsian approach leads him to a political reading of the Islamic legal tradition, which he accomplishes by teasing out jurists' assumptions about politics, economics, and the domestic sphere. Fadel's readings of Islamic legal sources suggest that Islamic law remains relevant to a society in which legitimate disagreements over law and morality seem intractable. At the same time, from the Rawlsian perspective he adopts, Fadel reminds us that premodern Muslim jurists formulated Islamic law also under conditions of substantial controversy over matters of law and morality, as well as over questions of religion, politics, theology, and metaphysics. The studies gathered together in this volume adroitly illustrate Fadel's interest in Islamic law as a domain of Islamic political thought and as a framework that might be deployed in today's pluralistic and secularized societies.
The diversity of interpretation within Islamic legal traditions can be challenging for those working within this field of study. Using a distinctly contextual approach, this book addresses such challenges by combining theoretical perspectives on Islamic law with insight into how local understandings impact on the application of law in Muslim daily life. Engaging with topics as diverse as Islamic constitutionalism, Islamic finance, human rights and internet fatawa, Shaheen Sardar Ali provides an invaluable resource for scholars, students and practitioners alike by exploring exactly what constitutes Islamic law in the contemporary world. Useful examples, case studies, a glossary of terms and the author's personal reflections accompany traditional academic critique, and together offer the reader a unique and discerning discussion of Islamic law in practice.
The interconnected ways that sexism functions in academic Islamic studies and how to shift professional norms toward parity Despite remarkable shifts in the demographics of Islamic studies in recent decades, the field continues to be dominated by men, who often relegate other scholars and their work—particularly research on gender—to its periphery, while treating subfields in which men predominate as more rigorous and central. In The Woman Question in Islamic Studies, Kecia Ali explores the interconnected ways that sexism functions in academic Islamic studies. Examining publications, citations, curricula, and media representations, Ali finds that, despite the growth and depth of scholarship on Islam and gender, men continue to overlook women’s scholarship, even in work that purports to discuss gender issues. Moreover, media and social media dynamics make talking about Islam and Muslims for broader audiences especially fraught for scholars who are not men, particularly when the topic is gender or sexuality. Combining broad surveys with more focused analyses of a smaller set of texts, Ali shows that textbooks and syllabi continue to exclude women as historical actors and scholars and to marginalize gender and sexuality as subject matter. Finally, she provides a “Beginner’s Guide to Eradicating Sexism in Islamic Studies," offering practical strategies to help scholars avoid common pitfalls in their own work and contribute to broader professional transformations.