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Author: N. J. Coulson
Publisher: Cambridge University Press
ISBN: 9780521088077
Category : Social Science
Languages : en
Pages : 0
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Book Description
Muslim law and rules for dealing with the distribution of a dead person's property differ greatly from western law. The system of Muslim law, the SharVa, is derived from the Qur'an and the words of the Prophet himself, and is therefore believed to be of divine inspiration, and not man-made. A variety of schools of law have grown up which interpret the Prophet's sayings, and the practical effect of these different rules of interpretation varies considerably. Recent codifications have not necessarily remained within the classical Muslim legal traditions, and have introduced further differences. With western law it is assumed that a man will make a will, and, broadly speaking, his property will be distributed in accordance with its provisions. It is only in the event of a man dying without making a will that the rules of intestacy are applied. Muslim law makes the opposite assumption.
Author: N. J. Coulson
Publisher: Cambridge University Press
ISBN: 9780521088077
Category : Social Science
Languages : en
Pages : 0
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Book Description
Muslim law and rules for dealing with the distribution of a dead person's property differ greatly from western law. The system of Muslim law, the SharVa, is derived from the Qur'an and the words of the Prophet himself, and is therefore believed to be of divine inspiration, and not man-made. A variety of schools of law have grown up which interpret the Prophet's sayings, and the practical effect of these different rules of interpretation varies considerably. Recent codifications have not necessarily remained within the classical Muslim legal traditions, and have introduced further differences. With western law it is assumed that a man will make a will, and, broadly speaking, his property will be distributed in accordance with its provisions. It is only in the event of a man dying without making a will that the rules of intestacy are applied. Muslim law makes the opposite assumption.
Author: Dr. A. Hussain
Publisher: Darussalam
ISBN: 9789960732374
Category : Inheritance and succession (Islamic law)
Languages : en
Pages : 640
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Book Description
Author: Wilferd Madelung
Publisher: Cambridge University Press
ISBN: 9780521646963
Category : Biography & Autobiography
Languages : en
Pages : 436
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Book Description
In a comprehensive study of early Islamic history, Wilferd Madelung examines the conflict which developed after Muhammad's death for the leadership of the Muslim community. He pursues the history of this conflict through the reign of the four 'Rightly Guided' caliphs to its climax in the first inter-Muslim war. The outcome of the war, which marked the demise of the reign of the Early Companions, resulted in the lasting schism between Sunnite and Shi'ite Islam. Contrary to recent scholarly trends, the author brings out Ali's early claim to legitimate succession, which gained support from the Shi'a, and offers a convincing reinterpretation of early Islamic history. This book will make a major contribution to the debate over succession. Wilferd Madelung's book The Succession to Muhammad has been awarded the Best Book of the Year prize by the Islamic Republic of Iran for the year 1997.
Author: Chibli Mallat
Publisher: BRILL
ISBN: 9781853333019
Category : Architecture
Languages : en
Pages : 418
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Book Description
Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.
Author: Ḥammūdah ʻAbd al-ʻĀṭī
Publisher: [s.l.] : American Trust Publications
ISBN:
Category : Law
Languages : en
Pages : 384
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Book Description
Author: Alyssa Gabbay
Publisher: Bloomsbury Publishing
ISBN: 1838602313
Category : History
Languages : en
Pages : 283
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Book Description
In Gender and Succession in Medieval and Early Modern Islam: Bilateral Descent and the Legacy of Fatima, Alyssa Gabbay examines episodes in pre-modern Islamic history in which individuals or societies recognized descent from both men and women. Fatima, daughter of the Prophet Muhammad, features prominently in this study, for her example constituted a striking precedent for acknowledging bilateral descent in both Sunni and Shi'i societies, with all of its ramifications for female inheritance, succession and identity. Covering a broad geographical and chronological swath, Gender and Succession in Medieval and Early Modern Islam presents alternative perspectives to patriarchal narratives, and breaks new ground in its focus upon how people conceived of family structures and bloodlines. In so doing, it builds upon a tradition of studies seeking to dispel monolithic understandings of Islam and Gender.
Author: Mashood A. Baderin
Publisher: Oxford University Press, USA
ISBN: 0199665591
Category : Islamic law
Languages : en
Pages : 177
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Book Description
Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Author: Nadjma Yassari
Publisher: Springer
ISBN: 9462653119
Category : Law
Languages : en
Pages : 417
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Book Description
This book contains selected contributions presented during the workshop “Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?”, which was convened in Beirut, Lebanon in November 2017. Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one’s father’s name, and inheriting from both parents form important pillars of personal identity. This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established – be it by operation of the law, by the parties’ exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing in particular – and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed. In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume. The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the area of international child law. Nadjma Yassari is Leader of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Möller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).
Author: Hamid Khan
Publisher: Oxford University Press, USA
ISBN: 9780195473360
Category : Law
Languages : en
Pages : 0
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Book Description
Based on original sources, this book includes the historical and theological bases of the of the Islamic law of succession developed by the Muslim schools of jurisprudence. The author makes a comparative study between theSunni and Shia laws of inheritance and focuses on problems being faced by Muslims due to the strict application of traditional Islamic law in their contemporary situations. This book is an essential component of the course on'Muslim Personal Law' for LLB students and the course on 'Islamic Law' for LLM students.
Author: Lynn Welchman
Publisher: Amsterdam University Press
ISBN: 905356974X
Category : Social Science
Languages : en
Pages : 255
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Book Description
A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.
