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Author: Ahmad Natour
Publisher: Rowman & Littlefield
ISBN: 1793640971
Category : Law
Languages : en
Pages : 223
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Book Description
The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
Author: Ahmad Natour
Publisher: Rowman & Littlefield
ISBN: 1793640971
Category : Law
Languages : en
Pages : 223
Get Book Here
Book Description
The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
Author: Ahron Layish
Publisher: Routledge
ISBN: 1351471422
Category : Religion
Languages : en
Pages : 342
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Book Description
This book is methodologically unique in scholarly literature on Muslim society. Its originality lies in the fact that the rich material offered by the shari'a courts is given a thorough analysis with a view to drawing conclusions about the present-day phenomena in Arab society and processes that the society has been undergoing in modern times.Aharon Layish examines every aspect of the social status of Muslim women that finds expression in the shari'a courts: the age of marriage, stipulations inserted in the marriage contract, dower, polygamy, maintenance and obedience, divorce, custody of the children, guardianship, and succession. Each chapter opens with a short legal introduction based on all the sources of law applying in shari'a courts, followed by social analyses and a study of the attitudes and approaches of the qadis, or Muslim religious judges. Layish examines the relationship between shari'a and Israeli legislation: Do shari'a courts have regard to the provisions of Israeli law? What is the relationship between shari'a and social custom, and which is decisive in regard to Israeli Muslim women? To what extent does Israeli law actually affect Israeli Muslim women? What is the attitude of the qadis, toward Israeli legislation?Women and Islamic Law in a Non-Muslim State is an important and original study that will be of interest to students and scholars of Islamic law, comparative law, sociology, and modernization.
Author: Bill Warner
Publisher: CSPI
ISBN: 9780979579486
Category : Religion
Languages : en
Pages : 48
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Book Description
"Sharia, an Arabic word meaning "the right path," refers to traditional Islamic law. The Sharia comes from the Koran, the sacred book of Islam, which Muslims consider the actual word of God. The Sharia also stems from the Prophet Muhammad's teachings and interpretations of those teachings by certain Muslim legal scholars. Muslims believe that Allah (God) revealed his true will to Muhammad, who then passed on Allah's commands to humans in the Koran. Since the Sharia originated with Allah, Muslims consider it sacred. Between the seventh century when Muhammad died and the 10th century, many Islamic legal scholars attempted to interpret the Sharia and to adapt it to the expanding Muslim Empire. The classic Sharia of the 10th century represented an important part of Islam's golden age. From that time, the Sharia has continued to be reinterpreted and adapted to changing circumstances and new issues. In the modern era, the influences of Western colonialism generated efforts to codify it."--Definition from Constitutional rights foundation.
Author: Mona Samadi
Publisher: BRILL
ISBN: 9004446958
Category : Law
Languages : en
Pages : 234
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Book Description
Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.
Author: Amjad M. Mohammed
Publisher: Mitchell Beazley
ISBN: 9781903682753
Category : Islamic law
Languages : en
Pages : 0
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Book Description
Due to mass migration over a number of decades, many Muslims today find themselves residing as minorities in Western secular nations and as a result are searching for answers in order to live within these societies yet remain true to their faith. This book sets out to counter the idea that there are only two possibilities for Muslim minorities--isolation or assimilation--by arguing that traditional Islamic law, or fiqh as it is found in the classical schools of law, is not outdated or too inflexible to be utilized in the 21st century and that rather it can provide the means for Muslims to integrate within secular societies while maintaining a link to the sources of their religion and its legal rulings. Amjad M. Mohammed demonstrates how Islamic law, as interpreted by the Hanafi School of Law, is a multifaceted, complex legal system that takes into account both the individual's situation and the society's culture and customs. The concept of diyar, or political-legal jurisdictions, is discussed with special emphasis on the criteria for the application of dar al-Islam (Muslim state), dar-al-sulh (peace-treaty state), and dar al-harb (enemy state). A number of rulings for different situations that confront Muslim minorities are also included, such as working with illegal products or services, halal meat, food additives, medicines and medical interventions, financial transactions, and political participation.
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.
Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
Category : Law
Languages : en
Pages : 360
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Book Description
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
Author: Khaled Abou El Fadl
Publisher: Rlpg/Galleys
ISBN:
Category : Political Science
Languages : en
Pages : 448
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Book Description
Abou El Fadl (Islamic law, UCLA School of Law) wrote the 62 brief essays here over the course of five years. Through a combination of musings and critical reflections on classical Muslim authors, he both traces Muslim intellectual history and also confronts questions of ethics, faith, law, politics, culture, and modern identity. He ranges over many facets of Islam in the contemporary world, exploring censorship, political oppression, terrorism, the veil and the treatment of women, marriage, parental rights, the dynamics between law and morality, the character of the prophet Muhammad, and other topics. About half the essays first appeared in The minaret magazine. c. Book News Inc.
Author: Lawrence Rosen
Publisher: University of Chicago Press
ISBN: 022651174X
Category : Law
Languages : en
Pages : 293
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Book Description
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.
Author: Mohammad Ali Syed
Publisher: State University of New York Press
ISBN: 0791485048
Category : Religion
Languages : en
Pages : 150
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Book Description
Challenging the conservative framers of Islamic law who accorded a lesser status to women, Mohammad Ali Syed argues that the Quran and the Hadith—the two primary sources of Islamic law—actually place Muslim women on the same level as Muslim men. Syed provides an overview of both sources and explores their respective roles in Islamic law, emphasizing the Quran's role as the supreme authority and questioning the authenticity of some of the alleged sayings of the Prophet Muhammad (pbuh). From these texts, he elaborates women's rights in a variety of areas, including treatment by God; marriage, divorce, financial provisions, and custody of children; coming out of seclusion (purdah), and taking part in social, economic, legal, and political activities. Rather than presenting what is practiced today, the book covers the theoretical position of Muslim women as sanctioned by the Quran and the authentic Hadith and offers a glimpse of the exalted position of honor and dignity enjoyed by Muslim women in the early days of Islam. This well-researched book is made more distinctive by the author's personal experience. Raised in Bengal, India, Syed was inspired by his family, who valued men and women equally. As he grew up, Syed realized that most Muslim women lived very differently than the women of his family. According to the author, his family was egalitarian because his father and male relatives were not only devout Muslims but also very knowledgeable about Islam. This book is a culmination of his lifelong concern for women's rights under Islam.
