Systems of law: Islamic law Books

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Book SynopsisFor centuries, since the Roman Empire's adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe's religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume's contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.

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Book SynopsisDrawing on both religious and secular sources, this challenging book argues that divinely ordained law is frequently misinterpreted by Muslim authorities at the expense of certain groups, including women. Khaled Abou El Fadl cites a series of injustices in Islamic society and ultimately proposes a return to the original ethics at the heart of the Muslim legal system.Table of Contents1. Induction 9 2. The authoritative 9 3. A Summary transition 86 4. The text and authority 96 5. The construction of the authoritarian 141 6. The anatomy of authoritarian discourses 170 7. Faith-based assumptions and determinations demeaning to women. Conclusion: resisting the authoritarian while searching for the moral 264

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Book SynopsisUsed widely by Shi'ite seminaries, and valued by Sunni scholars for its intellectual rigor, Muhammad Baqir as-Sadr's Lessons is a key study of Islamic jurisprudence. It covers topics from the general characterization of jurisprudence to such specialized issues as the assessment of the verbal divine-law argument, study of procedural principles, and reflections on the resolution of conflicting arguments. The new translation by Roy Mottahedeh from the original Arabic employs a carefully designed and appropriate English terminology, and features a significant amount of supporting material including a glossary of legal and theological concepts , and a full index of Arabic terms.Trade ReviewReviews for The Mantle of the Prophet '[Mottahedeh] has drawn on a massive amount of learning, but he has got the scholarly apparatus out of the way and made his book accessible to a wide audience.' - New York Times Book Review 'A masterpiece [displaying] dazzling erudition.' - New York Review of BooksTable of Contents1 Characterization of jurisprudence: a preliminary word; characterization of jurisprudence; the subject matter of jurisprudence; the discipline of jurisprudence is the logic of legal understanding; the importance of the discipline of jurisprudence in the practice of derivation; jurisprudence is to legal understanding as theory is to application; the interaction between legal-understanding thought and jurisprudential thought; the permissibility of the process of deriving divine-legal rulings. 2 Substantiating arguments: the divine-law ruling and its subdivision; the division of rulings into injunctive and declaratory; categories of the injunctive ruling; areas of discussion in the discipline of jurisprudence; the divine-law argument. 3 Procedural principles: the fundamental procedural principle; the secondary procedural principle; the principle of the inculpatoriness of non-specific knowledge; the presumption of continuity. 4 The conflict of arguments: conflict between substantiating arguments; conflict between (procedural) principles; conflict between the two types of argument.

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Book SynopsisWith the contemporary discussions of political Islam, how do minority Muslim communities approach the traditional concept that Islam is both "religion and politics"? How do Muslim minorities address the issues of Islamic social organization when they are either a minority or living within a pluralistic state? Do Muslims who are integrated within a pluralistic state approach the traditional aspects of Islamic social-political organization in a manner different than those Muslims whomake up a majority? This study examines the Islamic categories of Christians under Islamic law and compares them with the status of Christians within Lebanon. David Grafton reviews the opinions of four Lebanese Muslim scholars (two Sunni and two Shi'a) regarding Christian political rights during the Lebanese Civil War. In such a diverse and complicated social context as Lebanon, who do these scholars respond to the position of the Christian community which claims political supremacy by maintaining its hold on the presidency? The debate on political Islam has, to this point, neglected to look seriously at Muslim communities in pluralistic contexts, and how such contexts affect their opinions of traditional social-political organization. This text attempts steps to reverse this trend.

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Book SynopsisDr. ‘Abd al-Razzāq al-Sanhūrī (1895-1971) is one of the most prominent jurists to emerge to date in the Arab world. His alarm at the growing social gap in his country, Egypt, during the first half of the twentieth century, fueled his vision of establishing moral social order by means of a new civil code. Although Sanhūrī’s chosen tool was the legal text, this book argues that his vision was essentially a social one: to introduce the principles of compassion, solidarity and fairness, alongside progress and pragmatism, into polarized Egyptian society, whereby property laws acquired a social function, the laws of partnership were perceived as having an educational value, and contract law was activated as a balance favoring the weaker members of society. Accordingly, this book examines the drafting of the Egyptian Civil Code, exposing the hitherto unknown sociological strata of this act of legislation.

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Book SynopsisDrawing on legal and ḥadīth texts from the formative and classical periods of Islamic legal history, this book offers an overview of the development of the questions prominent jurists asked and answered about women’s issues. All assumed a woman would marry and thus the book concentrates on women’s family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qurʾān verses devoted to women’s lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women’s lives in and outside their homes. Throughout, jurists’ opinions are juxtaposed with relevant quotations from contemporaneous ḥadīth collections.Trade Review“Women in Classical Islamic Law fills a significant gap in the literature and will be of immense use to a wide variety of readers.” Kecia Ali in Journal of the American Oriental Society 132.3 (2012), 331-332.

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