Systems of law: Islamic law Books

Book SynopsisThis study of the historical record of property rights and equity of Muslim women is based on Islamic court documents of 15th-century Granada. The book examines women's legal entitlements to acquire property, and the social and economic significance of these rights to Granada's female population andby extensionto women in other Islamic societies.Trade ReviewDespite its subtitle, Maya Shatzmiller’s book reaches far beyond the territorial and chronological confines of 15th-century Granada. Her focus is not so much on Granada itself as on using the example of this region as an entry point for examination of the broader topic of women’s property rights in the pre-modern Islamic world and beyond… There is much to be contemplated here. -- Olivia Remie Constable * Islamic Law and Society *

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Book SynopsisLeaving Iberia examines Islamic legal responses to Muslims living under Christian rule in medieval and early modern Iberia and North Africa, links the juristic discourses on conquered Muslims on both sides of the Mediterranean, and adds a significant chapter to the story of Christian–Muslim relations in the medieval Mediterranean.Trade ReviewThis book masterfully demonstrates that the histories of Iberian-born Muslims, Moriscos, and Muslims living under Christian rule in the Maghreb can benefit from being studied together…Particularly relevant reading to those interested in colonial contexts and resistance to colonial powers. -- Ana Struillou * Journal of Early Modern History *A tour-de-force…[this book] is a magnificent scholarly achievement that will shift the historiographical parameters for studying the Mālikī West…Whether or not historians fully accept all of Hendrickson’s contentions, they are likely to become the new bar against which scholars will measure their research in the future. -- Ari Schriber * Islamic Law and Society *A work of impressive scope…Hendrickson’s research is rigorous and her analysis is incisive…[the author] has produced a book of critical importance to the study of Islamic law and Iberian, North African, and West African history and which contributes meaningfully to interreligious studies and the history of Christian-Muslim relations. -- Ariela Marcus-Sells * Journal of the American Academy of Religion *[Brings] together an unprecedented range of sources, some of them previously unpublished and unstudied, offering a meticulous, deeply informed reinterpretation of those sources that have been most scrutinized. The masterful result should now be considered a first port of call for anyone dealing with these materials…a powerful picture of Islamic law as purposeful yet subject to the vicissitudes of history, creative yet constrained by the expectations and structures of genre, legally cogent yet animated by extra-legal concerns — in short, as deeply human. -- Caitlyn Olson * Al-Qantara *Gets us to consider medieval Spain and Portugal as part of African history, rather than seeing Muslim rule of the Iberian Peninsula as a historically unusual and unique event unrelated to anything else…a rare find…[this book is] an intellectual treat layered with depth and breadth, and should become a go-to text for the study of Islamic law and historical Muslim responses to global events. -- Usman Butt * Middle East Monitor *

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Book SynopsisThe Muslim Brotherhood has achieved a level of influence nearly unimaginable before the Arab Spring. The Brotherhood was the resounding victor in Egypt's 2011-2012 parliamentary elections, and six months later, a leader of the group was elected president. Yet the implications of the Brotherhood's rising power for the future of democratic governanceTrade ReviewHonorable Mention for the 2015 Hubert Morken Award for Best Book, Religion and Politics Section of the American Political Science Association One of Choice's Outstanding Academic Titles for 2014 One of The Middle East Channel's Top Five Books of 2013, chosen by Marc Lynch "The Muslim Brotherhood has been pushed out of power in Egypt and Carrie Rosefsky Wickham ... might appear to be publishing just too late. In fact, her book still matters."--Gerard Russell, Times Literary Supplement "[F]ine-grained, historically rich analysis."--Charles Tripp, London Review of Books "This timely publication emerges from Emory University political scientist Wickham's (Mobilizing Islam) long-term research into the institutional and ideological nuances of 'movement changes' within the Muslim Brotherhood--the Sunni revivalist organization that was the leading opponent of the Mubarak regime in Egypt before the popular uprising of January 2011... This admirable study (based on hundreds of interviews) is a judicious, well-grounded plea for complexity in the depiction and analysis of Islamist movements."--Publishers Weekly "[F]ascinating and marvelously detailed... The Muslim Brotherhood offers one of the best and most detailed presentations of a robust school of thought among students of Islamism... [I]t is likely to become a standard text and will be received as a major summary statement of decades of research and analysis."--Marc Lynch, Democracy: A Journal of Ideas "In this richly researched book, Wickham provides the most in-depth analysis of the genesis and development of Egypt's Muslim Brotherhood available in English... This valuable contribution to the literature on mainstream Islamist movements will be useful to scholars and policymakers alike."--Library Journal "[A] clearly written and balanced account of the Brotherhood from its modest beginnings to its coming to power."--Michael Burleigh, Literary Review "[A] commanding study of the Brotherhood's long history."--Frederick Deknatel, National "[An] excellent new history of the Muslim Brotherhood."--Christopher de Bellaigue, Guardian "[O]utstanding... The Muslim Brotherhood is an essential guide to understanding the historical background of the political crisis in Egypt today."--Joseph Richard Preville, Muscat Daily "Given Egypt's crucial position as the Arab world's most populous nation, it is especially welcome that Emory University's Carrie Rosefsky Wickham, has written The Muslim Brotherhood, an accessible and informative analysis of one of the most important and perhaps most misunderstood political organizations in the Middle East... Wickham's book provides a fascinating historical account of the Muslim Brotherhood and its development over the decades."--Matthew Feeney, American Conservative "Wickham's thoughtful presentation of the Muslim Brotherhood as both a significant historical player and a responsive ideological organization may serve to deepen our understanding of current upheavals in the Arab world. Fascinating, revealing, and impressive in scope, Wickham's book stands to make important contributions to contemporary studies of the Middle East."--Michelle Anne Schingler, Foreword "[The Muslim Brotherhood] is a careful analysis that is meticulous in questioning the data from a position of critical reflection, demonstrating many years of research and experience and a genuine understanding of the region and its complexities by not taking simple statements at face value... The extent to which analysis of this kind can derive valid causal inferences from observed data hinges on the contextual knowledge of the researcher, and it is here that this work truly excels... The Muslim Brotherhood: Evolution of an Islamist Movement is not just a timely new book on a topic of public interest but a fine example of academic research."--Christina Hellmich, Times Higher Education "[W]hatever transpires the Muslim Brotherhood will be key players, whether in government or on the street, and this excellent work of historical analysis will be essential reading for all those who want a grounded and informed understanding of events."--Dr. Charles H. Middleburgh, Middleburgh Blog "Highlighting elements of movement continuity and change, and demonstrating that shifts in Islamist worldviews, goals, and strategies are not the result of a single strand of cause and effect, Wickham provides a systematic, fine-grained account of Islamist group evolution in Egypt and the wider Arab world."--World Book Industry "The Muslim Brotherhood is an excellent place to start the quest to understand the Brotherhood and their central role in recent events. Wickham's finely tuned analysis takes us only to the election of Mohamed Morsi on June 30, 2012. Yet, rather than date her study, the cascade of events that followed has only served to heighten its value."--Raymond William Baker, Middle East Journal "Carrie Wickham brings years of thoughtful research, experience in the field, and careful reflection to her new book on the Muslim Brotherhood. The book, which is meticulously detailed and superbly sourced, is a pleasure to read and advances robust theoretical and empirical claims... Wickham's book is a masterful telling of the trajectory of the contemporary Egyptian Muslim Brothers."--Joshua Stacher, International Journal of Middle East Studies "[The Muslim Brotherhood] provides a nuanced and rich analysis of the transformation of the Brotherhood from its inception in the 1920s until its rise to power in 2011-12... This book is a must read not only for students of Egypt and the Muslim Brotherhood but also for all those interested in the evolution of social and political movements in the Middle East and beyond."--Choice "Wickham's work is a valuable introduction to the Muslim Brotherhood and Islamist movements in the Arab world. It is timely and relevant and promises to advance a much-needed discussion of the complexity of Islamist movements and their political endeavours."--Dalal Daoud, International Journal "Wickham's book provides a solid guide to the Muslim Brotherhood."--Wolfgang G. Schwanitz, Middle East Quarterly "Carrie Rosefsky Wickham has authored a singularly important work for those especially interested in learning how religiously representative Egyptians think about their lives and the way forward. The author is commended for her labor and diligence and notably for her exploration of the mindset that has captured the fascination of people the world over."--Lawrence Ziring, Review of PoliticsTable of ContentsPreface ix Acknowledgments xiii Note on Transliteration xvii Chapter One Conceptualizing Islamist Movement Change 1 Chapter Two The Brotherhood's Early Years 20 Chapter Three The Brotherhood's Foray into Electoral Politics 46 Chapter Four The Wasat Party Initiative and the Brotherhood's Response 76 Chapter Five The Brotherhood's Seesaw between Self-Assertion and Self-Restraint 96 Chapter Six Repression and Retrenchment 120 Chapter Seven The Brotherhood and the Egyptian Uprising 154 Chapter Eight Egypt's Islamist Movement in Comparative Perspective 196 Chapter Nine The Muslim Brotherhood in (Egypt's) Transition 247 Notes 289 List of Interviews 327 Selected Bibliography 331 Index 347

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Book SynopsisTrade Review"Caliphate Redefined is a remarkable book because it is a complex and detailed work of intellectual history tied to a relatively simple and straightforward point."---Christopher Markiewicz, H-Net Reviews"An unquestionable masterful work of scholarship."---David Marx, davidmarxbookreviews"“Caliphate Redefined” will prove a useful resource for those interested in Ottoman history and in Islamic political theory."---Carool Kersten, Anthropos"This work is a product of very diligent research and scholarship. Full of insightful arguments, the study fills an important gap in the field and sets a framework for future researchers."---Hasan Karataş, Nazariyat

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Book SynopsisConsuming Desires examines new forms of marriage emerging in Egypt and the United Arab Emirates in reaction, in part, to the governments' increasing attempts to control sexuality with shari'a law.Trade Review"[Hasso] provides a much welcome analysis on unregistered marriage and presents a distinctive contribution to the study of the intersection between kinship and state within this region."—Sarah Walker, Journal of the Royal Anthropological Institute"Hasso brings much-needed critical attention to the topic of secret marriage in the Middle East and North Africa. From the trend of focusing on male unruliness to the emerging idea that women may be choosing not to marry because they are not willing to compromise or put up with domination, this work delivers a number of novel arguments on a topic of intense interest and anxiety. An extremely original and striking book!"—Lila Abu-Lughod, Columbia University"The personal is political everywhere, but nowhere more profoundly than in Arab societies undergoing rapid social change. Hasso's account of the ways in which marriage and intimacy intersect with state policy and legal systems in Egypt and the UAE is timely, important, and insightful. Hasso rightly analyzes the challenges and difficulties but also reports on real gains."—Craig Calhoun, University Professor of the Social Sciences at New York University, President of the Social Science Research Council

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Book SynopsisAl-Qadi al-Nu 'Man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This book focuses on Islamic legal theory, which presents a legal model in support of the Fatimids' principle of legitimate rule over the Islamic community.Trade Review[Disagreements of the Jurists] is very important for students of jurisprudence and for reconstructing fiqh's development. * The American Journal of Islamic Social Sciences *This book will be useful especially to those who are interested in the history of law andthe history of the Fatimids. * Speculum *

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Book SynopsisThis well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general.Trade ReviewAn excellent introduction to the most significant institutions, procedures and substantive areas of Islamic law, and to selected problems in applying that law. --Mark D. Welton, Middle East JournalTable of ContentsContents: Foreword by The Honorable Sir William Blair Preface Prologue 1. The Nature of Law, and its Relationship with Religion, in Islam 2. Islamic Law and Institutions 3. Seeing a Western Nation through Muslim Eyes: Citizenship and the Sharia in Modern Nation-states 4. Fatwa and Muftis 5. Islamic Family Law 6. Mediation, Arbitration and Islamic Alternative Dispute Resolution 7. Islamic Law and Economics 8. Property Rights, Inheritance Law and Trusts (waqf) 9. Islamic Criminal Law 10. Contemporary Debates On and Within Islam Epilogue Index

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Book SynopsisCan Islamic finance save the global system? Islamic Finance and the New Financial System describes how the adoption of Islamic finance principles in future regulatory decisions could help prevent future shocks in the global financial system. Using illustrations and examples to highlight key points in recent history, this book discusses the causes of financial crises, why they are becoming more frequent and increasingly severe, and how the new financial system will incorporate elements of Islamic finance whether deliberately or not. With an introspective look at the system and an examination of the misconceptions and deficiencies in theory vs. practice, readers will learn why Islamic finance has not been as influential as it should be on the larger global system. Solutions to these crises are thoroughly detailed, and the author puts forth a compelling argument about what can be expected in the future. Despite international intervention and global policy changesTrade Review"..this volume is a welcome and well-timed addition to the literature on Islamic and financial market." (Muslim World Book Review, November 2016)Table of ContentsAbout the Author ix Acknowledgments xi Introduction 1 PART ONE Financial Crises and the Current Financial System CHAPTER 1 A Brief History of Financial Systems and the Birth of Money 7 CHAPTER 2 Past Financial Crises and Their Causes 23 CHAPTER 3 The Global Financial Crisis of 2008 51 CHAPTER 4 Solutions Create More Problems 73 CHAPTER 5 The Next Financial Crisis and the New Financial System 87 PART TWO The Islamic Financial System CHAPTER 6 Overview and History of Islamic Finance 97 CHAPTER 7 The Key Principles of Islamic Finance 117 CHAPTER 8 Islamic Financial Instruments as Alternatives 139 CHAPTER 9 Criticisms, Shortcomings, and Misconceptions of Islamic Finance 159 PART THREE The New Financial System CHAPTER 10 Preventing Future Crises—Real-World Solutions from Islamic Finance 181 CHAPTER 11 Evaluating Alternative Solutions 197 Conclusion 207 Notes 209 Index 223

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Book SynopsisA very accessible and concise guide to Islamic finance Contracts and Deals in Islamic Finance provides a clear breakdown of Islamic financial contracts and deal structures for beginners.Table of ContentsForeword xv Preface xvii Acknowledgments xxi Product Offerings xxiii Introduction 1 Chapter 1: The Islamic Finance Space 5 Modern Phase of Islamic Finance 8 Chapter 2: Bai al Inah 13 Definitions of Bai al Inah 13 Bai al Inah Process Flow 15 Legal Issues with Bai al Inah 17 Bai al Inah as a Financial Product 19 Transfer of Ownership 20 Documentation Involved 21 Resolutions on Bai al Inah 21 Conclusion 22 Chapter 3: Murabahah, Bai Mu’ajjal, and Bai Bithman Ajil 23 Murabahah Sale/Credit Sale/Credit 25 Enhancements to Murabahah 26 Murabahah Working Capital 28 Credit-Based Sale/Markup or Riba 28 Bonafide Murabahah/True Sale 29 Trading House Model 31 Financial Services Division of a Manufacturer or Retailer 32 Bai Bithman Ajil 32 BBA with Inah 32 Conclusion 34 Chapter 4: Tawarruq 35 Issue of Price Fixing 37 Transfer of Title 38 Payment of Sales Tax 39 Applications of Tawarruq in Banking Products 40 Real Economic Activity 43 Conclusion 44 Chapter 5: Deferred Payment Sale or Credit Sale 45 Accounting Entries for Murabahah by Purchase Orderer 47 Accounting Entries for a Bai al Inah Contract 48 Pricing of Deferred Sales under Murabahah, BBA, Inah, and Tawarruq 49 Risk Treatment of Deferred Payment Sales 53 Fixed Income Portfolio 57 Conclusion 58 Chapter 6: Bai Al Wafa 59 Financial Assets as Subject of Sale 60 Bai Al Wafa and Sale of Equities 60 Bai Al Wafa and Sale of Sukuk 60 Conclusion 61 Chapter 7: Salaam and Istisna: Deferred Delivery Sale 63 Salaam 63 Istisna 68 Conclusion 70 Chapter 8: Bai al Sarf 75 Basic Rulings on Bai al Sarf 75 Conclusion 77 Chapter 9: Bai al Dayn 79 Purchase Price, Rental Payments, Receivables, and Debt 80 Rental Payments Due in an Ijara Contract 81 Financial Products 81 Sale of Equity 82 Conclusion 83 Chapter 10: Bai al Urbun 85 Conclusion 89 Chapter 11: Ijarah and Its Variants 91 Normal Ijarah 92 Accounting Entries for Ijarah Contract 93 Ijarah Muntahiya Bi Tamleek 95 Al Ijarah Thumma al Bai (AITAB) 95 Sale and Leaseback 96 Conclusion 97 Chapter 12: Wadiah 99 Forms of Wadiah 100 Enhancements to Wadiah 100 Money Creation 104 Conclusion 108 Chapter 13: Qard 111 Applications of the Contract of Qard 112 Qard as a Deposit Instrument 113 Recording of Qard 113 Conclusion 114 Chapter 14: Mudharabah 115 Simple Application of Mudharabah 117 Perpetual Mudharabah 118 Re-Mudharabah 118 Restricted Mudharabah and Unrestricted Mudharabah 118 Mudharabah as a Deposit 120 Mudharabah as a Fund 121 Interbank Mudharabah Placements 122 Indicative Rate of Return 122 Profit Sharing Ratio 123 Importance of Disclosure and Accounting Treatments 123 Mudharabah as an Asset Product 124 Accounting Treatment of Mudharabah Transactions 126 Conclusion 126 Chapter 15: Musharakah 129 Musharakah and Banking 130 Mushrakah as Asset Product 132 Pooling of Assets in Mushrakah 132 Mushrakah Mutanaqisah 133 Conclusion 138 Chapter 16: Hibah 139 Forms of Hibah 139 Restrictions on Hibah 140 Applications of Hibah in Banking 140 Enhancements to Hibah 142 Conclusion 143 Chapter 17: Kafalah 145 Who Can Be a Guarantor? 147 Products Based on Kafalah 148 Back-to-Back Guarantees 148 Conclusion 149 Chapter 18: Wakalah, Hawalah, Ibra, and Rahn 151 Wakalah 151 Hawalah 153 Ibra 156 Rahn 159 Conclusion 161 Chapter 19: Shariah: Sources, Interpretation, and Implementation 163 Modern-Day Ijtihad 165 Whose Shariah Is It, Anyway? 167 Conclusion 171 Chapter 20: Islamic Asset Management and Shariah Screening 173 Capital Markets 177 IPO Stage 177 Market Integrity 180 Market Regulation 183 Valuations 187 Zero Sum Game 188 The Role of Capital Markets in the Sphere of Islamic Finance 189 Farmer Sukuk or Equity Notes 189 Conclusion 190 Chapter 21: Pricing, Income Distribution, and Risk Sharing in Islamic Banks 191 Pricing of Islamic Financial Products 191 Price versus Shariah 194 Benchmark for Pricing 195 Criticism on Pricing Models 195 Profit Equalization Reserve 196 Income Distribution 199 Risk Sharing in Islamic Banks 208 Conclusion 208 Chapter 22: Sukuk and Rights of Sukuk Holders 209 Rights of Lenders in Debt Financing 210 Rights of Equity Holders 212 Rights of Bondholders 214 Use of Subsidiary Companies and Special-Purpose Vehicles 216 How Sukuk Financing Could Work? 221 Sale and Leaseback 223 The Role of the SPV 227 Other Sukuk Structures 228 Istisna Sukuk 228 Simple Sukuk 229 Conclusion 233 Chapter 23: Risk Management for Islamic Banks 235 Credit Risk 235 Market Risk 257 Liquidity Risk 269 Profit-Sharing Investment Account 269 Conclusion 273 References 273 Chapter 24: Asset/Liability Management for Islamic Banks 275 Gap Limit 279 Spot Rates and Forward Rates 279 Funding Scenarios 281 Short-Term and Long-Term Rates 281 Time Value of Money 288 Conclusion 290 Chapter 25: Takaful 291 Contract of Agency 291 Shariah Issues with Insurance 292 Contract of Tabarru 293 Product Menu 295 General Takaful Business Model 300 Concepts Related to Takaful 300 The Rights of the Fund over the Participant and the Rights of the Participant over the Fund 302 Pricing General Takaful Plans 304 Observations of General Takaful 310 Family Takaful 311 Basic Accounting Entries for Takaful 314 Takaful Operator Models 315 Distribution of Underwriting Surplus 316 Conclusion 317 Chapter 26: Pricing of Takaful Policies and Retakaful 319 Case Study 1: Corporate Medical Takaful Plan under General Takaful 319 Case Study 2: Corporate Medical Takaful Plan under General Takaful 322 Case Study 3: Corporate Family Takaful Plan 323 Detailed Mortality Table for Life Takaful 325 Mortality Tables and Probability Calculations 327 Risk Profiling 331 Conclusion 336 Afterword 337 About the Authors 341 Bibliography 343 Index 347

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Book SynopsisFocusing on the legal ramifications of Sharia law in the context of rapidly changing Western liberal democracies, Debating Sharia approaches the issue from a variety of methodological perspectives.Table of ContentsTable of Contents Introduction: Situating the Debate Foreword: Situating the Debate within Others in European and American Contexts Introduction - Situating the Debate in Ontario Part I. Practicing Religious Divorce among North-American Muslims 1. Practicing an 'Islamic Imagination': Islamic Divorce in North America 2. Faith-Based Arbitration or Religious Divorce: What was the Issue? Part II. Regulating Faith-Based Arbitration 3. Multiculturalism Meets Privatisation: The Case of Faith-Based Arbitration 4. 'Sharia' Courts in Canada: A Delayed Opportunity for the Indigenization of Islamic Legal Rulings." Part III. Defining Islamic Law in the West 5. Asking Questions About Sharia: Lessons From Ontario. 6. Islamic Law and the Canadian Mosaic: Politics, Jurisprudence, and Multicultural Accommodation. Part IV. Negotiating the Politics of Sharia-Based Arbitration 7. 'The 'Good' Muslim/'Bad' Muslim Puzzle?: The Assertion of Muslim Women's Islamic Identity in the Sharia Debates. 8. 'The Muslims Have Ruined Our Party:' A Case Study of Ontario Media Portrayals of Supporters of Faith-Based Arbitration. Part V. Analyzing Discourses of Race, Gender, and Religion 9. 'Sharia in Canada?' Mapping Discourses of Race, Gender and Religious Difference. 10. Agency and Representations: Voices and Silences in the Ontario Sharia Debate Part VI. Managing Religion in the Canadian State 11. Managing the Mosaic: The Work of Form in 'Dispute Resolution in Family Law: Protecting Choice, Promoting Inclusion.' 12. Construing the Secular: Implications of the Ontario Sharia Debate Concluding Thoughts Conclusion: Debating Sharia in the West List of Contributors

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Book SynopsisA masterful overview of Islamic law and its diversityAl-Qadi al-Nu''man was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available for the first time in English his major work on Islamic legal theory (usul al-fiqh), which presents a legal model in support of the Fatimid claim to legitimate rule.Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shi''i system of hermeneutics. The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries and goes on to engage, point by point, with the specific interpretive methods of Sunni legal theory. The text thus preserves important passages from several Islamic legal theoretical works no longer extant, and in the process throws light on a critical stage in the development of Trade Review[Disagreements of the Jurists] is very important for students of jurisprudence and for reconstructing fiqh's development. * The American Journal of Islamic Social Sciences *This book will be useful especially to those who are interested in the history of law andthe history of the Fatimids. * Speculum *

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Book SynopsisTrade ReviewIn Fluid Jurisdictions, Nurfadzilah Yahaya masterfully shows the predicament of diasporic Arabs in the British Straits and Dutch Indies in the nineteenth and early twentieth century. * HistPhil *She draws on material from multiple international archives to examine the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders. * Law & Society Review *[The book is] innovative [and] well-researched. Fluid Jurisdictions scrutinizes the Hadramī relations with other Muslims, their pursuit of capital accumulation, and their permanence in the region. [The book] tells a multifaceted story of a community that, in several ways, consented to colonial rule in order to improve their conditions within the system. * Journal of the Humanities and Social Sciences of Southeast Asia *One might consider Nurfadzilah Yahaya's Fluid Jurisdictions a new addition to the literature, but this would discount the active role that Yahaya has played in shaping the conversation from its outset. Although this is her first book, it is one that bears the imprint of her long engagement with the discussion on law in transregional spaces. * Law and History Review *Fluid Jurisdictions by Nurfadzilah Yahaya begins to answer these questions through a rich, textured, and fascinating account of the Arab diaspora and its engagements with colonial and Islamic law. Through rigorous research, detailed historical analysis and animated storytelling, [the book] draws readers into the mobile and intimate legal worlds created by Arab merchants. * Law & Social Inquiry *Fluid Jurisdictions has managed to cast a wide net over an ostensibly specific study on an elite diasporic community. This is a laudable accomplishment. * Journal of the Malaysian Branch of the Royal Asiatic Society *[The] reviewers respond to Fluid Jurisdictions enthusiastically, remarking on its refreshing methodological approach, the richness of its multilingual archival source base, and the historical complexity that emerges from Yahaya's comparison of two distinct imperial spaces. Collectively, they highlight the relevance of the book across regional and disciplinary literatures * H-Diplo *Nurfadzilah Yahaya's assiduous, illuminating and novel engagement with the making of colonial law forms the foundation of incisive historical analysis. Fluid Jurisdiction's disciplined focus on colonial law is not only an exemplary approach to questions of ethnicity and identity but also opens up the possibility of novel comparisons and conversations between South East Asia and the world. * South East Asia Research *Table of ContentsIntroduction: Establishing Legal Domains 1. The Lure of Bureaucracy: British Administration of Islamic Law in the Straits Settlements 2. Surat Kuasa: Powers of Attorney across the Indian Ocean 3. Resident Aliens: Exclusions of Arabs in the Netherlands Indies 4. Legal Incompetence: Jurisdictional Complications in the Netherlands Indies 5. Constructing the Index of Arabs: Colonial Imaginaries in Southeast Asia 6. Compromises: The Limitations of Diasporic Religious Trusts Conclusion: Postcolonial Transitions

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Book SynopsisThe Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates and analyses the intersection of social, political, economic and cultural contexts in which state actors have turned to Islamic law for legal solutions. Taking a thematic approach, the Research Handbook assesses the application of Islamic law across six key areas: family law and courts; property and business; criminal law and justice; ethics, health and sciences; arts and education; and community and public spheres. Through examination of these themes in over 20 jurisdictions, the Research Handbook serves to demonstrate that Islamic law is adaptable depending on the values of Muslim societies across different times and places. In addition, the Research Handbook highlights how Islamic law has engaged with contemporary issues, looking beyond what is set out in the Qur'an and the Hadith, to examine how Islamic law is applied in societies today.Researchers and scholars with an interest in Islamic law, or the relationship between law and society more generally will find this Research Handbook to be an engaging text. The in-depth analysis, spanning sectors and jurisdictions, will offer new insights and inspire future research.Contributors include: M. Ali, M.F.A. Alsubaie, A. Begum, A. Black, R. Burgess, M. Corbett, K.M. Eadie, H. Esmaeili, N. Hammado, N. Hosen, N. Hussin, A.A. Jamal, M.A.H. Khutani, F. Kutty, N.Y.K. Lahpan, A.O.A. Mesrat, R. Mohr, S.M. Solaiman, H.H.A. Tajuddin, M. ZawawiTrade Review'What is Islamic law and how does it work? This Research Handbook of 18 case studies drawn from across the contemporary Muslim world promises not only to help contextualise Sharia as a versatile rather than an unchanging framework of laws pertaining to the 7th century, but also importantly to demystify it.' --Howard Brasted UNE Asia-Pacific Centre and University of New England, Australia'This Research Handbook on Islamic Law and Society is a brilliant contribution to understanding Islamic law in practice. With a galaxy of excellent contributors, the Research Handbook intelligently explores the role of Islamic law textually and contextually, focusing on contemporary issues ranging from medical ethics to apostasy laws. A must read for all.' --Mohamad Abdalla, Centre for Islamic Thought and Education University of South Australia, AustraliaTable of ContentsContents: Acknowledgements Introduction: Islamic law in action Nadirsyah Hosen PART 1 FAMILY LAW AND COURTS 1. Colonial legacies: family laws in Singapore and Australia Ann Black 2. The application of kafala in the West Kieran Mclean Eadie 3. ‘The best interests of the child’: critical analysis of the Libyan High Court decision Ali Omar Ali Mesrati 4. ADR and Islamic law: the cases of the UK and Singapore Arif A. Jamal PART 2 PROPERTY AND BUSINESS 5. Corporate social responsibility and workplace casualties in Bangladesh: an appraisal of Islamic principles as a potential solution S. M. Solaiman 6. Business in Islam: revisiting Islamic banking practices in Bangladesh Afroza Begum 7. Property law and trusts (waqf) in Iran Hossein Esmaeili PART 3 CRIMINAL LAW AND JUSTICE 8. Corporate criminal liability in Saudi Arabia Mohammed Fahad Aljiday Alsubaie 9. Blasphemy and apostasy laws in the Muslim world: a critical analysis Faisal Kutty 10. Restorative justice in Islamic law: application in Malaysian legal history and the criminal justice system Hanifah Haydar Ali Tajuddin, Nasimah Hussin and Majdah Zawawi PART 4 ETHICS, HEALTH AND SCIENCES 11. Genetic engineering and ethics in Muslim communities: case studies from Tunisia and Saudi Arabia Nurussyariah Hammado 12. Collective ijtihad on health issues in Indonesia Nadirsyah Hosen 13. Halal and other codes: can religion, science and ethics guide legal regulation? Richard Mohr PART 5 ARTS AND EDUCATION 14. Finding the Islam in Islamic art: the relationship between Islamic law and artistic practice Mia Corbett 15. The lawfulness of music in contemporary Indonesian debate Neneng Yanti Khozanatu Lahpan 16. Educational rights for women in Saudi Arabia Maan Abdul Haq Khutani PART 6 COMMUNITY AND PUBLIC SPHERES 17. Progressive Islam in Europe: a critical analysis of the unique nature of Bosnia and Hercegovina’s Islamic practice Richard Burgess 18. Khutbahs and fatwas in colonial Indonesia and Malaya Muhamad Ali Index

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Book SynopsisThis important collection reveals a multiplicity of perspectives on the Islamic law of war and peace. Prefaced by an original introduction, the carefully selected works demonstrate how the concept of Jihad is interpreted or misinterpreted. They also examine the rules applicable during the conduct of armed conflict and the significance of peace and security within Islamic tradition. The collection provides valuable insights into the compatibility of the Islamic law of war and peace and the law of armed conflict, demonstrating how the former could minimise unnecessary human suffering during armed conflict. This book is an essential source of reference for everyone interested in this vital relationship.Trade Review‘The collection provides valuable insights into the compatibility of the Islamic law of war and peace and the law of armed conflict, demonstrating how the former could minimize unnecessary human suffering during armed conflict. Islam and the Law of Armed Conflict is an essential source of reference for everyone interested in this vital relationship.’Table of ContentsContents: Acknowledgements Introduction Niaz A. Shah PART I JIHAD: THE USE OF FORCE UNDER ISLAMIC LAW 1. Imam Mahmoud Muhammad Shaltut (2012), ‘The Verses of Combat (Ayaatul Qitaal)’, in The Qur’an and Combat. English Monograph Series, No. 18, (translated by Lamya Al-Khraisha), Chapter 4, Amman, Jordan: The Royal Aal Al-Bayt Institute for Islamic Thought, 33–47 2. Imam Mahmoud Muhammad Shaltut (2012), ‘The Verses that Organise Combat’, in The Qur’an and Combat. English Monograph Series, No. 18, (translated by Lamya Al-Khraisha), Chapter 6, Amman, Jordan: The Royal Aal Al-Bayt Institute for Islamic Thought, 53–76 3. Niaz A. Shah (2013), ‘The Use of Force under Islamic Law’, European Journal of International Law, 24 (1), February, 343–65 4. M. Cherif Bassiouni (2007), ‘Evolving Approaches to Jihad: From Self-defense to Revolutionary and Regime-Change Political Violence’, Chicago Journal of International Law, 8 (1), Summer, 119–46 5. Noor Mohammad (1985), ‘The Doctrine of Jihad: An Introduction’, Journal of Law and Religion, 3 (2), 381–98 6. Mahmood Ahmad Ghazi (2008), ‘The Law of War and Concept of Jihad in Islam’, Policy Perspectives, 5 (1), January–June 7. Noor ul Haq (2007), ‘Misperception about Violence in Islam: Causes and Remedies’, Islamabad Policy Research Institute Journal, VII (1), Winter, 59–76 8. Abdul Ghafur Hamid @ Khin Maung Sein (2009), ‘Islamic International Law and the Right of Self-Defense of States’, Journal of East Asia and International Law, 2 (1), 67–101 9. Nelly Lahoud (2011), ‘The Pitfalls of Jihad as an Individual Duty (Fard ‘Ayn)’, in M. Cherif Bassiouni and Amna Guellali (eds), Jihad and its Challenges to International and Domestic Law, Part One, The Hague, The Netherlands: Hague Academic Press, 87–106 10. Shaheen Sardar Ali and Javaid Rehman (2005), ‘The Concept of Jihad in Islamic International Law’, Journal of Conflict and Security Law, 10 (3), Winter, 321–43 11. Onder Bakircioglu (2010), ‘A Socio-Legal Analysis of the Concept of Jihad’, International and Comparative Law Quarterly, 59 (2), April, 413–40 12. Hilmi M. Zawati (2001), ‘Theory of War in Islamic and Public International Law’, in Is Jihad Just War? War, Peace and Human Rights under Islamic and Public International Law, Chapter One, Lewiston, NY: Edwin Mellen Press, 9–47 13. Hilmi M. Zawati (2001), ‘Jihad and International Relations’, in Is Jihad Just War? War, Peace and Human Rights under Islamic and Public International Law, Chapter Two, Lewiston, NY: Edwin Mellen Press, 49–84 14. HE Shaykh Ali Gomaa (2013), ‘A Fatwa on Jihad’, in HRH Prince Ghazi bin Muhammad, Ibrahim Kalin and Mohammad Hashim Kamali (eds), War and Peace in Islam: The Uses and Abuses of Jihad, Chapter 6, Amman, Jordan: MABDA (The Royal Islamic Strategic Studies Centre), 153–64 15. Niaz A. Shah (2012), ‘The Islamic Emirate of Afghanistan: A Layeha [Rules and Regulations] for Mujahidin’, Studies and Conflict in Terrorism, 35 (6), 456–70 PART II ISLAMIC LAW OF QITAL (ARMED CONFLICT) 16. Niaz A. Shah (2011), ‘The Islamic law of qital’, in Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan, Chapter 2, Abingdon, UK and New York, NY: Routledge, 31–59 17. Matthias Vanhullebusch (2006–2007), ‘General Principles of Islamic Law of War: A Reassessment’, Yearbook of Islamic and Middle Eastern Law, 13 (1), 37–56 18. Troy S. Thomas (2002–2003), ‘Jihad’s Captives: Prisoners of War in Islam’, USAF Journal of Legal Studies, 12, 87–101 19. Muhammad al-Hasan al-Shaybani (2004), Kitab Al-Siyar Al-Saghir: The Shorter Book on Muslim International Law (translated by Mahmood Ahmad Gazi), New Delhi: Adam Publishers & Distributors, 43–110 20. Maryam Elahi (1987–1988), ‘The Rights of the Child Under Islamic Law: Prohibition of the Child Soldier’, Columbia Human Rights Law Review, 19 (2), Spring, 259–79 21. Anke I. Bouzenita (2011), ‘The Principle of Neutrality and “Islamic International Law” (Siyar)’, Global Jurist, 11 (1), i, 1–34 22. Mohammad Hashim Kamali (2013), ‘Dhimmi and Musta’min: A Juristic and Historical Perspective’, in HRH Prince Ghazi bin Muhammad, Ibrahim Kalin and Mohammad Hashim Kamali (eds), War and Peace in Islam: The Uses and Abuses of Jihad, Chapter 12, Amman, Jordan: MABDA (The Royal Islamic Strategic Studies Centre), 304–14 PART III ARMED CONFLICT AMONG MUSLIMS: INTERNAL ARMED CONFLICT 23. Niaz A. Shah (2011), ‘The Islamic law of qital among Muslims’, in Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan, Chapter 2, Abingdon, UK and New York, NY: Routledge, 60–70 24. Khaled Abou El Fadl (2001), ‘The Doctrinal Foundations of the Laws of Rebellion’, in Rebellion and Violence in Islamic Law, Chapter 2, Cambridge, UK: Cambridge University Press, 32–61 25. Ahmed Al-Dawoody (2011), ‘Internal Hostilities and Terrorism’, in The Islamic Law of War: Justifications and Regulations, Chapter 5, New York, NY: Palgrave Macmillan, 147–96 26. Sadia Tabassum (2011), ‘Combatants, not Bandits: The Status of Rebels in Islamic Law’, International Review of the Red Cross, 93 (881), March, 121–39 27. Frank E. Vogel (2002), ‘The Trial of Terrorists Under Classical Islamic Law’, Harvard International Law Journal, 43 (1), Winter, 53–64 28. Naveed Sheikh (2013), ‘Body Count: A Comparative Quantitative Study of Mass Killings in History’, in HRH Prince Ghazi bin Muhammad, Ibrahim Kalin and Mohammad Hashim Kamali (eds), War and Peace in Islam: The Uses and Abuses of Jihad, Chapter 7, Amman, Jordan: MABDA (The Royal Islamic Strategic Studies Centre), 165–214 PART IV PEACE AND SECURITY IN ISLAM 29. Ibrahim Kalin (2013), ‘Islam and Peace: A Survey of The Sources of Peace in the Islamic Tradition’, in HRH Prince Ghazi bin Muhammad, Ibrahim Kalin and Mohammad Hashim Kamali (eds), War and Peace in Islam: The Uses and Abuses of Jihad, Chapter 8, Amman, Jordan: MABDA (The Royal Islamic Strategic Studies Centre), 217–49 30. Karim Douglas Crow (2013), ‘The Concept of Peace / Security (Salm) in Islam’, in HRH Prince Ghazi bin Muhammad, Ibrahim Kalin and Mohammad Hashim Kamali (eds), War and Peace in Islam: The Uses and Abuses of Jihad, Chapter 9, Amman, Jordan: MABDA (The Royal Islamic Strategic Studies Centre), 250–68 31. Mohamed Elewa Badar (2013), ‘Ius in Bello under Islamic International Law’, International Criminal Law Review, 13 (3), 593–625 PART V ISLAMIC LAW AND THE LAW OF ARMED CONFLICT 32. James Cockayne (2002), ‘Islam and International Humanitarian Law: From a Clash to a Conversation Between Civilizations’, International Review of the Red Cross, 84 (847), September, 597–626 33. Adam L. Silverman (2002), ‘Just War, Jihad, and Terrorism: A Comparison of Western and Islamic Norms for the Use of Political Violence’, Journal of Church and State, 44 (1), Winter, 73–92 Index

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Book SynopsisThis book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.'- Irmgard Marboe, University of Vienna, AustriaThis well-informed book explains, reflects on and analyzes Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context.The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman - the book is not only unique, but also enriched by differing insights into Islamic law.Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one.The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy.Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.Contents: Foreword by The Honorable Sir William Blair Preface Prologue 1. The Nature of Law, and its Relationship with Religion, in Islam 2. Islamic Law and Institutions 3. Seeing a Western Nation through Muslim Eyes: Citizenship and the Sharia in Modern Nation-states 4. Fatwa and Muftis 5. Islamic Family Law 6. Mediation, Arbitration and Islamic Alternative Dispute Resolution 7. Islamic Law and Economics 8. Property Rights, Inheritance Law and Trusts (waqf) 9. Islamic Criminal Law 10. Contemporary Debates On and Within Islam Epilogue IndexTrade ReviewAn excellent introduction to the most significant institutions, procedures and substantive areas of Islamic law, and to selected problems in applying that law. --Mark D. Welton, Middle East JournalTable of ContentsContents: Foreword by The Honorable Sir William Blair Preface Prologue 1. The Nature of Law, and its Relationship with Religion, in Islam 2. Islamic Law and Institutions 3. Seeing a Western Nation through Muslim Eyes: Citizenship and the Sharia in Modern Nation-states 4. Fatwa and Muftis 5. Islamic Family Law 6. Mediation, Arbitration and Islamic Alternative Dispute Resolution 7. Islamic Law and Economics 8. Property Rights, Inheritance Law and Trusts (waqf) 9. Islamic Criminal Law 10. Contemporary Debates On and Within Islam Epilogue Index

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Book SynopsisIs there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition in support of human rights. He identifies those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. Relying on significant texts in the Qur'an and hadith, early juristic discourses and modern Islamic scholarship, Saeed explains the compatibilities and incompatibilities between Islamic law and international human rights law. He also deals separately with a number of specific rights that are usually considered somewhat incompatible with Islamic law, such as the rights of women and children, freedom of expression and religion and jihad and the laws of war. Each chapter also contains a case to allow readers to look more closely at issues of relevance. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights. Students of Islamic law, human rights and Islam in the modern period will appreciate this challenging but accessible look at an important topic.Trade Review‘This is a fascinating, accessible and informative analysis of the potential for harmonisation between international human rights standards and Islamic law. It is well researched and engagingly written.’ -- Ian Freckelton, Law Institute JournalTable of ContentsContents: Introduction 1. Human Rights and Islamic Legal Sources 2. Development of Human Rights and Some Basic Conceptions 3. Islamic Human Rights Instruments 4. Human Rights and the Idea of ‘Clash of Civilisations’ 5. Islam and the state 6. Religion, the State, and Human Rights 7. Islam, Human Rights, and Women 8. The rights of the child 9. Freedom of expression 10. Islam and religious freedom 11. Human rights and war 12. Conclusion Bibliography Index

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Book SynopsisIslamic finance distinguishes itself from conventional finance with its strong emphasis on the moral consequences of financial transactions; prohibiting interest, excessive uncertainty, and finance of harmful business. When it comes to risk mitigation, it is unique in its risk sharing approach.This authoritative book tracks the evolution of the takaful industry over the course of the last four decades and makes a major attempt to highlight the importance of risk sharing through a discussion of various models of cooperation and critical analysis of their performance, including illuminating case studies and a critical assessment of the Islamic insurance model and the role of alternate financing mechanisms. Its high level discourse on shari'ah compliance and its nuances places emphasis on the importance of solidarity, cooperation, mutuality and reciprocity.Scholars and practitioners working in Islamic Finance will appreciate the context and nuance of this important book, and it will be essential reading for anyone interested in alternative forms of shari'ah compliant cooperative finance. The book is equally vital for academics and researchers interested in understanding various takaful models and their shari'ah considerations.Contributors include: A. Abozaid, A.U.F. Ahmad, A. Akhtar, S.N. Ali, H. Allam, M. Ayub, M. Al Bashir Al Amine, A. Bhatty, J.W. Bradford, S.E.B. Carmody, M.A. El-Gamal, M. Faisal, M.F. Haq, I. Bin Mahbob, A. Nana, V. Nienhaus, S. Nisar, U.A. Oseni, M. Rahman, A. Rehman, M.A. Samad, B. Shafiq, H. Sultan, A.-R. Syed, T.A. UddinTrade Review'This volume is probably the first of its kind in which the topic of takaful -- often neglected by literature -- is dealt with in a comprehensive fashion by leading academics and practitioners. The strength of the volume stems from its discussion of the ideas of mutuality and cooperatives, legal and regulatory frameworks, and the potential for takaful in social finance with a view towards sustainable development. Professors Ali and Nisar deserve congratulations for making this important and significant contribution to the literature on takaful.' --Zamir Iqbal, The World Bank Global Islamic Finance Development Center, Turkey'This book is a welcome addition to the literature on takaful, providing fresh perspectives, critical analysis and informative case studies which illustrate how Islamic insurance contributes to social finance in India and Indonesia. The principles of mutuality and solidarity are examined from different perspectives and the merits of a waqf-wakalah model are discussed. The legal and regulatory framework within which takaful operates is examined. The potential for shari ah-compliant cooperative financial services is assessed and a novel proposal is made for a lifetime annuity in family takaful. The standard of scholarship is impressive and Drs Nazim Ali and Shariq Nisar are to be congratulated in bringing together such a distinguished group of academics and professionals. The book is an essential purchase for libraries with collections in Islamic finance.' --Rodney Wilson, Durham University and INCEIF, Kuala LumpurTable of ContentsContents: Introduction PART I: INTRODUCTION TO TAKAFUL: FORM, FUNCTION AND CRITICISM 1. Takaful Journey: the Past and Present and Future Ajmal Bhatty and Shariq Nisar 2. Solidarity, Cooperation, and Mutuality in Takāful Volker Nienhaus 3. Mutuality, Reciprocity, and Justice within the Context of a Unified Theory of Riba and Ghara Mahmoud A. El-Gamal 4. A Proposed Marriage between Endowments, Mutual Insurance, and the Institution of Agency in Islamic Law—An Introduction to the Waqf-Wakalah Model of Takaful Abdullah Nana 5. A Critical Shari’ah Review of Takaful Structures: Towards a Better Model Abdulazeem Abozaid PART II: REGULATORY ENVIRONMENT AND LEGAL ASPECTS OF TAKAFUL 6. New Horizons: The Potential for Shari’ah-compliant Cooperative and Mutual Financial Services Sara E.B. Carmody 7. Toward a Watershed in Takaful Dispute Resolution: From Litigation to Effective Dispute Management Umar A. Oseni 8. Fatwā and its Role in Regulatory Capture and Arbitrage Joe W. Bradford PART III: TAKAFUL PRODUCT ANALYSIS 9. The Nature of Retakaful: Risk Sharing or Transferring Risks? Abu Umar Faruq Ahmad, Ismail Bin Mahbob and Muhammad Ayub 10. Commercial Credit Takaful Muhammad Al Bashir Muhammad Al Amine 11. Shari’ah Compliant High Watermark Protected Lifetime Annuity in Family Takaful? Hiba Allam and Volker Nienhaus PART IV: TAKAFUL AS SOCIAL FINANCE 12. Reimagining takaful: A New Model for Social Banking Hussam Sultan and Abdur-Rahman Syed 13. Islamic Co-operatives: A Route to Poverty Alleviation and Economic Development Mian Farooq Haq and Bushra Shafiq 14. Scaling Poverty Reduction in Indonesia: Enhancing the Institutional Effectiveness of Islamic Microfinance Institutions Tanvir Ahmed Uddin and Muhammad Maaz Rahman 15. Micro-takaful in India: A Path Towards Financial Inclusion and Sustainable Development Mohammad Faisal, Asif Akhtar, Asad Rehman and M. Abdul Samad Index

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Book SynopsisThrough the analysis of Al-Shaybani?'s most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani?'s work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani?'s work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani?'s writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani?'s writing in a modern context.This book will be a useful and unique resource for scholars in the field of international Islamic law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, ?just war?, international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.Trade Review‘Bashir makes a major contribution to this field of law, introducing readers to the essential contributions of Al-Shaybani. For anyone interested in a non-European perspective on the history of international law, this book provides an insightful presentation of the large volume of legal doctrine regulating the laws of war and peace in Islamic law.’ -- Mona Samadi, Nordic Journal of International Law‘Bashir’s book is a valuable addition to the literature of international law, as it can be regarded as the first comprehensive English-language study of Al-Shaybani’s Siyar. Bashir should be highly praised for his scholarly presentation of Al-Shaybani’s Siyar to the readership of international law and, more importantly, for locating Al-Shaybani in the list of international law scholars who have made outstanding contributions to world peace and security.’ -- Abdulmalik M Altamimi, Journal of Law and Religion‘Dr Bashir’s book is a masterpiece. It strikes at the foundation of modern international law by challenging its historical attribution to Western Europe. The book will be an interesting read for students and scholars of international law who may be interested in knowing the intersections between classical Islamic international law and modern international law on the one hand and the major similarities and differences between Al-Shaybani and St Augustine, Gratian, Aquinas, Vitoria and Grotius on the other hand. The book is highly recommended.’ -- Abubakri Yekini, Manchester Journal of Transnational Islamic Law & Practice‘Bashir’s book indeed promises to redefine the history of international law.’ -- Jus Gentium, Journal of International Legal History‘Elegantly written, clearly ordered, extensively referenced and meticulously examined.’ -- Nicholas Coulton, Ecclesiastical Law Journal'Positioning himself in the enduring dispute over the nature, legacy and contemporary relevance of Siyar, Khaled Ramadan Bashir aims at enlarging the traditional Western perspective on international law. One does not have to agree in all its particulars to find this book thought-provoking and an important contribution to intercivilizational legal dialogue.' --Marie-Luisa Frick, University of Innsbruck, Austria'Khaled Ramadan Bashir is to be commended for shining a light on Shaybani and his place as a pioneer and one of the greatest of scholars of international law. This study breaks the stranglehold of the European origins of international law and forces scholars to engage with the millennium between Antiquity and Discovery by acknowledging the centrality of the Siyar: the study of the Islamic Law of Nations.' --Jean Allain, Monash University, AustraliaTable of ContentsContents: 1. Introduction 2. Reading Historical Sources 3. The Law of War 4. Rules on the Consequences of War 5. The Law of Peace 6. Conclusion Bibliography Index

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Book SynopsisThis timely Encyclopedia is a much-needed thorough reference on Islamic insurance policy and the ways in which this can be modelled to cohere with Shari'ah law. The authors explore the ways in which Islamic insurance can be halal, contradicting the widely held belief that insurance policies are not appropriate or moral, utilizing evidence from both the Qu'ran and top Islamic scholars to do so. The book explores Takaful, an insurance paradigm that is in accordance with Islamic principles and suits the needs of modern Islamic economies and communities. It examines the practices, principles, framework and importance of the notion of Takaful, using evidence from the Qu'ran and Islamic teachings to support this. Chapters examine how Takaful is different to conventional insurance models that are not permissible under Shari'ah law, contradicting misconceptions about the possibility of an insurance policy that is achievable within Islamic communities. The book further explores the room for cooperation between Takaful services and Islamic banking, offering insight into how this can be improved in the future. A valuable asset for Islamic insurance and Islamic economics scholars, this timely book offers a thorough analysis of Takaful, Retakaful and Islamic insurance in our modern world. It will also be a useful read for those practising Takaful to ensure that their advice coheres with Shari'ah law.Trade Review‘This volume is a good reference for those new to the field and a good guide for the pure qualitative and Islamic aspects of Takaful.’ -- Faizal Ahmad Manjoo, The Muslim World Book ReviewTable of ContentsContents: Preface Foreword Introduction Bibliography 1. A general introduction to Takaful 2. Understanding the pillars of Takaful 3. Regulatory framework of Takaful 4. Takaful and conventional insurance – A comparison 5. Practices of Takaful 6. Retakaful and its importance to Islamic Finance 7. Contemporary issues in Takaful implementation Index

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Book SynopsisThe Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates and analyses the intersection of social, political, economic and cultural contexts in which state actors have turned to Islamic law for legal solutions. Taking a thematic approach, the Research Handbook assesses the application of Islamic law across six key areas: family law and courts; property and business; criminal law and justice; ethics, health and sciences; arts and education; and community and public spheres. Through examination of these themes in over 20 jurisdictions, the Research Handbook serves to demonstrate that Islamic law is adaptable depending on the values of Muslim societies across different times and places. In addition, the Research Handbook highlights how Islamic law has engaged with contemporary issues, looking beyond what is set out in the Qur'an and the Hadith, to examine how Islamic law is applied in societies today.Researchers and scholars with an interest in Islamic law, or the relationship between law and society more generally will find this Research Handbook to be an engaging text. The in-depth analysis, spanning sectors and jurisdictions, will offer new insights and inspire future research.Contributors include: M. Ali, M.F.A. Alsubaie, A. Begum, A. Black, R. Burgess, M. Corbett, K.M. Eadie, H. Esmaeili, N. Hammado, N. Hosen, N. Hussin, A.A. Jamal, M.A.H. Khutani, F. Kutty, N.Y.K. Lahpan, A.O.A. Mesrat, R. Mohr, S.M. Solaiman, H.H.A. Tajuddin, M. ZawawiTrade Review'What is Islamic law and how does it work? This Research Handbook of 18 case studies drawn from across the contemporary Muslim world promises not only to help contextualise Sharia as a versatile rather than an unchanging framework of laws pertaining to the 7th century, but also importantly to demystify it.' --Howard Brasted UNE Asia-Pacific Centre and University of New England, Australia'This Research Handbook on Islamic Law and Society is a brilliant contribution to understanding Islamic law in practice. With a galaxy of excellent contributors, the Research Handbook intelligently explores the role of Islamic law textually and contextually, focusing on contemporary issues ranging from medical ethics to apostasy laws. A must read for all.' --Mohamad Abdalla, Centre for Islamic Thought and Education University of South Australia, AustraliaTable of ContentsContents: Acknowledgements Introduction: Islamic law in action Nadirsyah Hosen PART 1 FAMILY LAW AND COURTS 1. Colonial legacies: family laws in Singapore and Australia Ann Black 2. The application of kafala in the West Kieran Mclean Eadie 3. ‘The best interests of the child’: critical analysis of the Libyan High Court decision Ali Omar Ali Mesrati 4. ADR and Islamic law: the cases of the UK and Singapore Arif A. Jamal PART 2 PROPERTY AND BUSINESS 5. Corporate social responsibility and workplace casualties in Bangladesh: an appraisal of Islamic principles as a potential solution S. M. Solaiman 6. Business in Islam: revisiting Islamic banking practices in Bangladesh Afroza Begum 7. Property law and trusts (waqf) in Iran Hossein Esmaeili PART 3 CRIMINAL LAW AND JUSTICE 8. Corporate criminal liability in Saudi Arabia Mohammed Fahad Aljiday Alsubaie 9. Blasphemy and apostasy laws in the Muslim world: a critical analysis Faisal Kutty 10. Restorative justice in Islamic law: application in Malaysian legal history and the criminal justice system Hanifah Haydar Ali Tajuddin, Nasimah Hussin and Majdah Zawawi PART 4 ETHICS, HEALTH AND SCIENCES 11. Genetic engineering and ethics in Muslim communities: case studies from Tunisia and Saudi Arabia Nurussyariah Hammado 12. Collective ijtihad on health issues in Indonesia Nadirsyah Hosen 13. Halal and other codes: can religion, science and ethics guide legal regulation? Richard Mohr PART 5 ARTS AND EDUCATION 14. Finding the Islam in Islamic art: the relationship between Islamic law and artistic practice Mia Corbett 15. The lawfulness of music in contemporary Indonesian debate Neneng Yanti Khozanatu Lahpan 16. Educational rights for women in Saudi Arabia Maan Abdul Haq Khutani PART 6 COMMUNITY AND PUBLIC SPHERES 17. Progressive Islam in Europe: a critical analysis of the unique nature of Bosnia and Hercegovina’s Islamic practice Richard Burgess 18. Khutbahs and fatwas in colonial Indonesia and Malaya Muhamad Ali Index

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Book SynopsisIn 2006 a dispute broke out regarding an initiative by the Simon Wiesenthal Center in Los Angeles (backed by Israeli authorities) to construct a Museum of Tolerance (MoT) in West Jerusalem. The museum was to be built on a plot of land that in the past had been part of the historic Muslim Mamilla Cemetery, which since the 1980s has served as a municipal parking lot. Debate centred on whether construction of a museum dedicated to human dignity on Muslim cemeterial land was justified. The Northern Islamic Movement and a group of 70 academics and eight Israeli civil society organizations (including rabbis) opposed the project, but their petition to Israel's High Court of Justice failed. Yitzhak Reiter presents the public and legal dilemmas at the individual level (an act of insensitivity to the Muslim minority in Jerusalem); at the political level (the right of equal treatment by the state and the right to administer holy properties [waqf] according to religious law and rulings of shari'a [Islamic law] courts); and at the universal level (can conflict over a holy place be addressed objectively from the ideological/political positions that the place symbolizes, and is a secular civil court competent/appropriate to adjudicate a religious conflict). Research for this book integrates a multi-disciplinary approach involving history, identity politics, and conflict resolution. Sources include documents obtained from the Shari'a Court of Jerusalem and Israel's High Court of Justice, as well as Islamic law and Israeli civil law literature, reports of experts submitted to the courts, and personal participation of the author, including discussions with key players and informants. The Mamilla dispute reflects a microcosm of conflicts over religious and national symbols of cultural heritage as well as Jewish majorityArab minority tensions within Israel.

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Book SynopsisIn 2006 a dispute broke out regarding an initiative by the Simon Wiesenthal Center in Los Angeles (backed by Israeli authorities) to construct a Museum of Tolerance (MoT) in West Jerusalem. The museum was to be built on a plot of land that in the past had been part of the historic Muslim Mamilla Cemetery, which since the 1980s has served as a municipal parking lot. Debate centred on whether construction of a museum dedicated to human dignity on Muslim cemeterial land was justified. The Northern Islamic Movement and a group of 70 academics and eight Israeli civil society organizations (including rabbis) opposed the project, but their petition to Israel's High Court of Justice failed. Yitzhak Reiter presents the public and legal dilemmas at the individual level (an act of insensitivity to the Muslim minority in Jerusalem); at the political level (the right of equal treatment by the state and the right to administer holy properties [waqf] according to religious law and rulings of shari'a [Islamic law] courts); and at the universal level (can conflict over a holy place be addressed objectively from the ideological/political positions that the place symbolizes, and is a secular civil court competent/appropriate to adjudicate a religious conflict). Research for this book integrates a multi-disciplinary approach involving history, identity politics, and conflict resolution. Sources include documents obtained from the Shari'a Court of Jerusalem and Israel's High Court of Justice, as well as Islamic law and Israeli civil law literature, reports of experts submitted to the courts, and personal participation of the author, including discussions with key players and informants. The Mamilla dispute reflects a microcosm of conflicts over religious and national symbols of cultural heritage as well as Jewish majorityArab minority tensions within Israel.

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Book Synopsis

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisIn February 2018, the Independent Review on Sharia Law in England and Wales' was published, headed by Professor Mona Siddiqui. The review focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and, in particular, whether there were discriminatory practices against women who use sharia councils. It came about after years of concerns raised by academics, lawyers and women's activists. This timely collection of essays from experts, scholars and legal practitioners provides a critique and evaluation of the Inquiry findings as a starting point for analysis and debate on current British Muslim family law practices in the matters of marriage and divorce. At the heart of the collection lie key questions of state action and legal reform of religious practices that may operate outside the sphere of law and legal relations' but also in conjunction with state law mechanisms and processes. This cutting-edgTable of ContentsIntroduction Samia Bano 1. Religious-only Marriages in England and Wales: Taking the Long View Rebecca Probert 2. Women and Shari’a Law: The Impact of Soft Legal Pluralism in the UK Elham Manea 3. Sharia Councils in the UK: Reform and Regulation Dr Islam Uddin 4. Domestic Abuse: The Dichotomy of Choosing Between Informal and Formal Forum for Mediation, Arbitration and Justice Naheed Ghauri 5. Sharia Councils and Muslim Family Law: Analysing the Parity Governance Model, the Sharia Inquiry and the role of the state/ law relations Samia Bano. Index

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisDispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leadinTable of Contents1. In search of an effective dispute resolution mechanism in Islamic finance Adnan Trakic, John Benson, and Pervaiz K Ahmed 2. Choice of law in Islamic finance Julio C. Colón 3. Prevailing dispute resolution mechanisms in Islamic finance Siti Faridah Abdul Jabbar, Suzana Muhamad Said and Asma Hakimah Ab Halim 4. Islamic dispute resolution in the United Kingdom Maria Bhatti 5. Settlement of Islamic finance disputes in the United States of America Julio C. Colón 6. Settlement of Islamic finance disputes in Malaysia Adnan Trakic 7. Settlement of Islamic finance disputes in the Kingdom of Saudi Arabia Aishath Muneeza and Zakariya Mustapha 8. Settlement of Islamic finance disputes in the United Arab Emirates Nor Razinah Binti Mohd Zain and Rusni Hassan 9. Dispute resolution in Islamic finance: the way forward John Benson, Adnan Trakic and Pervaiz K Ahmed

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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