Systems of law: Islamic law Books

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 SynopsisMany contemporary Muslim family laws rest on patriarchal concepts. The time for change is now.The model of marriage constructed in classical Islamic jurisprudence rests on patriarchal ethics that privilege men. This worldview persists in gender norms and family laws in many Muslim contexts, despite reforms introduced over the past few decades. In this volume, a diverse group of scholars explore how egalitarian marital relations can be supported from within Islamic tradition. Brought together by the Musawah movement for equality and justice in the Muslim family, they examine ethics and laws related to marriage and gender relations from the perspective of the Qur’an, Sunna, Muslim legal tradition, historical practices and contemporary law reform processes. Collectively they conceptualize how Muslim marriages can be grounded in equality, mutual well-being and the core Qur’anic principles of ‘adl (justice) and ihsan (goodness anTrade Review‘This exciting collection of essays by an impressive array of experts takes Musawah’s mission from the critique of injustice and patriarchy in Muslim marriages and family laws to the building of a vision that yearns and works for divinely inspired justice and beauty in Muslim families and communities. The book is bold, radical, and groundbreaking. It will be an indispensable tool for Muslim activists the world over.’ -- Juliane Hammer, Associate Professor, Department of Religious Studies, University of North Carolina, Chapel Hill‘Justice and Beauty in Muslim Marriage addresses the ethical emptiness and lack of poetic sensibility in the patriarchal discourse on women’s rights… The findings of the book, that Muslim marriage laws and normativity are not in line with contemporary understandings of justice, promise a hermeneutic shift towards egalitarian legislation and pluralist normativity.’ -- Muhammad Khalid Masud, former Chairman, Council of Islamic Ideology, Pakistan, and former Academic Director, International Institute for the Study of Islam in the Modern World, Leiden University‘Teeming with provocative and restorative ideas, this book reframes the practice of marriage as it is lived in all its complexities. Drawing on tradition and experience, marriage now becomes a wholesome way of self-fulfillment as expressed by these courageous authors. It is a very timely intervention and much needed. A must-read.’ -- Ebrahim Moosa, Mirza Family Chair of Islamic Thought and Muslim Societies, University of Notre Dame

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Book SynopsisThe most comprehensive examination to date of the claim that Islam, as a system of scripture, law and spirituality, is antiblackIt is commonly claimed that Islam is antiblack, even inherently bent on enslaving Black Africans. Western and African critics alike have contended that antiblack racism is in the faith’s very scriptural foundations and its traditions of law, spirituality, and theology. But what is the basis for this accusation? Bestselling scholar Jonathan A.C. Brown examines Islamic scripture, law, Sufism, and history to comprehensively interrogate this claim and determine how and why it emerged. Locating its origins in conservative politics, modern Afrocentrism, and the old trope of Barbary enslavement, he explains how antiblackness arose in the Islamic world and became entangled with normative tradition. From the imagery of ‘blackened faces’ in the Quran to Shariah assessments of Black women as ‘undesirable’ and the asserTrade Review‘[A] meticulous apologetic… Brown’s nuanced analysis highlights more egalitarian strands of the faith as well, suggesting that the Quran promotes the equality of all humans before God… Brown’s extensive scholarship on Muslim theological and legal thinkers is remarkable… Deeply researched and carefully reasoned, this is sure to spark spirited debate.’ * Publishers Weekly *‘The question Brown seeks to answer is simple, “Is Islam antiblack?” His path to an answer, however, is a complex, meandering one through many historic, cultural, social, political and religious vistas. The result is a sensitive and nuanced distinguishing between lived reality and scriptural ideal… This engaging volume will prove to be a seminal work in this area of inquiry.’ -- Imam Zaid Shakir, Professor Emeritus, Zaytuna College‘A phenomenal book on race and antiblackness in the Islamic tradition. Dr. Brown builds on the long scholarly tradition of documenting the achievements of Black African Muslims in history and skillfully addresses accusations that Islam is an antiblack religion.’ -- Habeeb Akande, author of Illuminating the Darkness‘Written with awe-inspiring insight, erudition, and elegance, what I find most refreshing about this book is its unfailing honesty and bravery. Jonathan Brown’s treatment of this historically elusive topic is highly nuanced but eminently readable, and, at times, uncomfortably honest. Without a doubt, this is the most authoritative study written to date on the topic of Islam and Blackness.’ -- Khaled Abou El Fadl, Omar and Azmeralda Alfi Distinguished Professor of Law, UCLA School of Law‘As expansive in scope as it is accessible, this daring book invites readers to join a highly relevant and hotly contested conversation. Brown asks incisive questions and follows them with erudite, creative, and sometimes provocative answers. Bound to spark debate, Islam & Blackness is invaluable for anyone seeking to understand both premodern conceptions of race and current realities of antiblack racism in a global context.’ -- Elizabeth Urban, Associate Professor of Islamic History, West Chester University

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Book SynopsisThe eclectic essays of lauded Harvard professor Roy Mottahedeh Trade Review‘Few can claim to have produced a wealth of scholarship and achieved mastery over Middle Eastern history, but Roy Mottahedeh's insatiable curiosity for the past has left us with a treasure trove of works. Reading essays that he has written over the past fifty years and collected together in his new book, you get a sense of the past whispering to you in more ways than one… a pleasure to read… In the Shadow of the Prophet offers a wide range of thought-provoking and intellectually stimulating engagement with Middle Eastern, Iranian and Islamic history. It provides anyone who has a passion for history with new horizons to explore and a renewed sense of purpose.’ -- Middle East Monitor‘The fruit of decades of travel, teaching, research, and deep personal engagement with modern Iran and the Middle East, these articles are as humane as they are learned, and as wise as they are trenchant.’ -- Peter Brown, Philip and Beulah Rollins Professor of History, Emeritus, Princeton University‘The erudite elegance of his discourse in this remarkable collection is the result of a long, prolific life dedicated to unraveling the mysteries of the many Islams in history.’ -- Abbas Milani, Hamid and Christina Moghadam Director of Iranian Studies, Stanford University‘This book demonstrates its author’s impressive breadth and insight dealing with diverse aspects of premodern and modern Islamic history, religion, and culture. Roy Mottahedeh shows us the complexity of a civilizational experience over a millennium and highlights the place of Iranians in it. This is a timely contribution at a time when misperceptions abound. His delightful autobiography adds to the book’s appeal.’ -- Abbas Amanat, William Graham Sumner Professor of History Emeritus, Yale University

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Book SynopsisThe revised tenth edition of this core textbook provides an understanding of major world criminal justice systems by discussing and comparing the systems of six of the worldâs countries - each representative of a different type of legal system. England, France, Japan, South Africa, Russia, and China are all covered in detail, and an additional chapter on Islamic law uses three example nations to illustrate the range of practice within Sharia. Political, historical, organizational, procedural, and critical issues confronting the justice systems are explained and analyzed. Neatly organized with a parallel structure throughout the text, each chapter contains material on government, police, judiciary, law, corrections, juvenile justice, and other critical issues.A new feature of this text focuses on the nature of the political world order and the significant clash between some democratic and authoritarian governments. Of particular concern are those authoritarian governments that have seen the rise of what has been popularly referred to as the strongman leader. The countries covered in this text have seen the emergence of four such strongmen. While the rise of each occurred in different contexts, they were each facilitated in significant ways by the manner in which they asserted their control over the countryâs criminal justice system.This book is suitable for undergraduate and graduate students in criminal justice, prelaw, and similar programs. A comprehensive test bank is available online.Trade Review"This book is a dynamic and well-established textbook from a giant contributor to the comparative criminal justice research and education field."Max Lowenstein, Bournemouth University"I find a country-based case study approach to be very helpful in teaching my Comparative Legal Systems course. There is really no other book on the market that offers this kind of approach" Donald C. Williams, Western New England University"I have used all the editions (1–9) of this book. I was first attracted to it by the introduction (which is unlike any other comparative CJ book), and the detailed discussion of each of the selected countries."Joseph Appiahene-Gyamfi, University of Texas Rio Grande ValleyTable of ContentsIntroduction England France Japan South Africa Russia China Islamic Law

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Book SynopsisLegal pluralism has often been associated with post-colonial legal developments especially where common law survived alongside tribal and customary laws. Focusing on Shariâa, this book examines the legal policies and experiences of various societies with different traditions of citizenship, secularism and common law. Where large diasporic communities of migrants develop, there will be some demand for the institutionalization of Shariâa at least in the resolution of domestic disputes. This book tests the limits of multiculturalism by exploring the issue that any recognition of cultural differences might imply similar recognition of legal differences. It also explores the debate about post-secular societies specifically to the presentation and justification of beliefs and institutions by both religious and secular citizens.This book was published as a special issue of Democracy and Security.

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Book SynopsisThe Canonization of Islamic Law tells the story of the birth of classical Islamic law in the eighth and ninth centuries CE. It shows how an oral normative tradition embedded in communal practice was transformed into a systematic legal science defined by hermeneutic analysis of a clearly demarcated scriptural canon. This transformation was inaugurated by the innovative legal theory of Muhammad b. IdrÄs al-ShÄfi'Ä (d. 820 CE), and it took place against the background of a crisis of identity and religious authority in ninth-century Egypt. By tracing the formulation, reception, interpretation and spread of al-ShÄfi'Ä's ideas, the author demonstrates how the canonization of scripture that lay at the heart of al-ShÄfi'Ä's theory formed the basis for the emergence of legal hermeneutics, the formation of the Sunni schools of law, and the creation of a shared methodological basis in Muslim thought.Trade Review'It is very well-written, draws on an impressive array of Arabic texts, and is the best available guide to al-Shafiʿi's legal-theoretical writings, in large part because it engages the arguments expressed in both the Risāla and the Umm. In short, it is essential reading for all students and scholars of Islamic law.' Scott. C. Lucas, Bulletin of the School of Oriental and African Studies'Ahmed El Shamsy has given us a ground-breaking picture of the third/ninth-century development of Shāfiʿī legal scholarship.' David R. Vishanoff, Islam and Christian–Muslim RelationsTable of Contents1. Tradition under siege; 2. Debates on Hadith and consensus; 3. From local community to universal canon; 4. Status, power, and social upheaval; 5. Scholarship between persecution and patronage; 6. Authorship, transmission, and intertextuality; 7. A community of interpretation; 8. Canonization beyond the Shafi'i school.

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Book SynopsisJurisdictional Exceptionalisms examines the legal issues associated with a parent''s forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children''s interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, inTrade Review'International parental child abduction is a global problem. It is the subject of the 1980 Hague Abduction Convention which is generally regarded as a successful international family law instrument and to which there are 101 Contracting States. However, very few of those States are what Emon and Khaliq describe as Muslim Family Law States. Furthermore, until now, there has been no extensive treatise examining the problem from an Islamic perspective. Judicial Exceptionalisms plugs this gap and provides a challenging analysis both of the problems that parental child abduction creates and of the difficulties that Muslim Family Law States face in acceding to the 1980 Convention. In its conclusion, the authors thoughtfully explore the options that Muslim Family Law States might adopt in going forward in reaching an international agreement on how to deal with abduction.' Nigel Lowe, QC (Hon), Emeritus Professor of Law, Cardiff UniversityTable of ContentsDedication; Preface and Acknowledgements; List of Abbreviations; 1. Introduction: Part I. 2. The Hague System on International Child Abduction; 3. Muslim Majority States, Human Rights Treaty Obligations and The Hague Abduction Convention; Part II. 4. Islamic Law and Child Custody; 5. Jurisdictional Exceptionalism and Islamic Law; 6. Private International Law, Islamic Family Law States, and Strategic Jurisdiction; 7. Conclusion; Bibliography; 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 SynopsisThis book explores the contentious topic of women's rights in Muslim-majority countries, with a specific focus on Iran and the Iranian women's movement from 1906 to the present. The work contextualizes the authorial self through the use of personal narrative and interviews. A new critique of Islamic law is produced through an in-depth study of the Iranian Constitution, civil and criminal codes. The work presents a novel reconceptualization of the term Islamic feminism by revisiting the arguments of various scholars and through analysis of interviews with Iranian women's rights activists. It is contended that the feminist movements can play a critical role in Islamic law reform and consequently the eventual implementation of international human rights law in Muslim-majority countries. What emerges from this study is not only a feminist critique of two major regimes of law, but also the identification of possibilities for reform in the future. The study transitions from the Iranian naTrade ReviewThis book is an important contribution to the study of Iranian women’s struggle for legal equality since the early twentieth century. With a fascinating personal account of the aftermath of the 1979 revolution that brought clerics to power, Fazaeli chronicles the coming of age of an indigenous feminism that has challenged the official interpretation of ‘Shari‘a’. Ziba Mir-Hosseini, SOAS University of London A child of revolution and a martyr’s daughter, Fazaeli situates herself in the ongoing resilient political activism of Iranian women in their pursuit of legal and political equality, despite the relentless state obstruction and harassment. She has written a highly engaging, intelligent and readable book. I recommend this book enthusiastically. Shahla Haeri, Associate Professor, Boston University.At a time when the discourse on Islam and women's rights is increasingly characterized by polemics and one-dimensional debates that generate more heat than light, Roja Fazaeli's fascinating study offers a measured, nuanced, and lucid account of the complex interrelationship between the forces that shape the struggle for gender equality in Iran and the wider Islamic world. By focusing on the critical role that feminist movements can play in pushing for domestic legal reforms that will pave the path towards the full realization of human rights, Islamic Feminisms is a much needed reminder that the ultimate agents of change in that struggle are Muslim women themselves.--- Ahmed Shaheed, United Nations Special Rapporteur on human rights in Iran (2011-2016) & on Freedom of Religion or Belief (2016-).This book is an important contribution to the study of Iranian women’s struggle for legal equality since the early twentieth century. With a fascinating personal account of the aftermath of the 1979 revolution that brought clerics to power, Fazaeli chronicles the coming of age of an indigenous feminism that has challenged the official interpretation of ‘Shari‘a’. Ziba Mir-Hosseini, SOAS University of LondonA child of revolution and a martyr’s daughter, Fazaeli situates herself in the ongoing resilient political activism of Iranian women in their pursuit of legal and political equality, despite the relentless state obstruction and harassment. She has written a highly engaging, intelligent and readable book. I recommend this book enthusiastically. Shahla Haeri, Associate Professor, Boston University.At a time when the discourse on Islam and women's rights is increasingly characterized by polemics and one-dimensional debates that generate more heat than light, Roja Fazaeli's fascinating study offers a measured, nuanced, and lucid account of the complex interrelationship between the forces that shape the struggle for gender equality in Iran and the wider Islamic world. By focusing on the critical role that feminist movements can play in pushing for domestic legal reforms that will pave the path towards the full realization of human rights, Islamic Feminisms is a much needed reminder that the ultimate agents of change in that struggle are Muslim women themselves.--- Ahmed Shaheed, United Nations Special Rapporteur on human rights in Iran (2011-2016) & on Freedom of Religion or Belief (2016-).Table of ContentsAcknowledgments Introduction: Situating the Self Memories Chapter 1. Iranian Women’s Movement: Narratives of Dissent Overview The Iranian Women’s Movement: A Brief Historical Account 1872-2012 Iranian Women’s Movement through: Offline and Online Media Pahlavi Period (1925-1979) 1979- 2009: the Rise and the Fall of Women’s Print Media Chapter II. Contemporary Feminism in Iran: Definitions, Narratives and Identity Introduction The Struggle to Define "Islamic Feminism" Chapter III. Women’s Rights in Islam: An Iranian Case StudyIntroduction Divorce Conclusion Chapter IV. Human Rights, Islam and the debate around CEDAW Introduction A Brief Background to CEDAW International Debate: CEDAW and Muslim-majority countries Iranian Debates on CEDAW Conclusion: A Personal Account INDEX

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Book SynopsisLex Petrolea and International Investment Law: Law and Practice in the Persian Gulf offers readers a detailed analysis of jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors. Dr Nima Mersadi Tabari considers the historical, political, and socio-economic roots of the existing frameworks and levels of protection offered to foreign investors. With particular focus on petroleum-related disputes, he initially delivers a comprehensive survey of the jurisprudence of international investment law and investment treaty arbitration. Following on from this, in three dedicated chapters, the author provides in-depth analysis of the legal regimes governing the matter in the major producers of the region: Saudi Arabia, Iraq, and Iran.A key resource for all professionals working on legal issues arising from foreign direct investments in natural resources, this book draws a detailed picture of the legTable of Contents1: Introduction2: International Investment Law3: Lex Petrolea4: Iran5: Iraq6: Saudi Arabia7: Conclusion

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Book SynopsisMuch has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide.This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamicTrade Review"Those interested in diversifying perspectives on the foundations of the law in research or in teaching will find this handbook a fantastic resource." - Mariëtta D. C. van der Tol, Religious Studies ReviewTable of ContentsIntroduction. Religious Laws and Their Comparison. Theoretical and Methodological Issues; Section 1. History 1. The Jewish Tradition: A History 2. The Christian Tradition: A History 3. The Islamic Tradition: A History 4. The Hindu Tradition: A History 5. Comparative Remarks: A History of Religious Laws Section 2. Sources of Law 6. Jewish Law: The Sources 7. Christian Law: The Sources 8. Islamic Law: The Sources 9. Hindu Law: The Sources 10. Comparative Remarks: The Sources of Religious Laws Section 3. Dynamics of Belonging and Status 11. Jewish Law: Dynamics of Belonging and Status 12. Christian Law: Dynamics of Belonging and Status 13. Islamic Law: Dynamics of Belonging and Status 14. Hindu Law: Dynamics of Belonging and Status 15. Comparative Remarks: Religious Laws and Dynamics of Belonging and Status Section 4. Marriage 16. Jewish Law: Marriage 17. Christian Law: Marriage 18. Islamic Law: Marriage 19. Hindu Law: Marriage 20. Comparative Remarks: Religious Laws and Marriage Section 5. The Legal Other 21. Jewish Law Perspectives: The Legal Other 22. Christian Law Perspectives: The Legal Other 23. Islamic Law Perspectives: The Legal Other 24. Hindu Law Perspectives: The Legal Other 25. Comparative Remarks: Religious Laws and the Legal Other

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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 SynopsisUtilising a pioneering theological and hermeneutic framework adapted from both classical Muslim literature and contemporary academic studies of the Qur an, Ramon Harvey explores the underlying principles of its system of social justice.

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Book SynopsisJames E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces.

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Book SynopsisThis book examines the various methods and trends in Hadith Studies across the globe. Bringing together contributions from 10 scholars of Hadith, it addresses the subject from a variety of methodological vantage points and historical premises.

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Book SynopsisThis book looks at how Islamic law was practiced in Russia from the conquest of the empire's first Muslim territories in the mid-1500s to the Russian Revolution of 1917, when the empire's Muslim population had exceeded 20 million.

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Book SynopsisThis book looks at how Islamic law was practiced in Russia from the conquest of the empire's first Muslim territories in the mid-1500s to the Russian Revolution of 1917, when the empire's Muslim population had exceeded 20 million.

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Book SynopsisArgues for the compatibility human rights and Islam, focusing on six controversial case studies: religious discrimination; gender discrimination; slavery; freedom of religion; punishment of apostasy; and arbitrary or harsh punishments.

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Book SynopsisArgues for the compatibility human rights and Islam, focusing on six controversial case studies: religious discrimination; gender discrimination; slavery; freedom of religion; punishment of apostasy; and arbitrary or harsh punishments.Trade Review"In this pathbreaking work, Mohsen Kadivar, a leading Muslim theologian and religious scholar, presents an authoritative and systematic methodology for interpreting, reforming, and applying Islam's sacred teachings and juridical rulings in ways that would make them compatible with universally accepted norms of human rights. By including freedom of thought, civil and minority rights, religious tolerance, and gender equality, as well as human security and economic rights, Kadivar offers a progressive vision of Islam that could serve as a basis not for political power and state governance but as a spiritual and ethical guide for believers and a foundation for a secular, pluralistic and egalitarian civil society. " -Ali Banuazizi, Professor of Political Science and Director of Islamic Civilization and Societies Program at Boston College

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Book SynopsisThis book tells the gripping story of R?fiq Taq?, an Azerbaijani journalist and writer, who was condemned to death by an Iranian cleric for a blasphemous news article in 2006. Mohsen Kadivar debates the case with Muhammad Jawad Fazel, the son of Grand Ayatollah Fazel Lankar?n? who issued the fatwa pronouncing death penalty on Taq?.Trade Review"Professor Mohsen Kadivar brilliantly demonstrates theoretically and historically that charges of blasphemy and apostasy should no longer be prosecuted but instead viewed through the Islamic tradition of toleration and co-existence." -Roy Parviz Mottahedeh, Harvard University

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Book SynopsisThis book shows how political and administrative forces shaped the way justice was applied in medieval Egypt. It introduces the model that evolved during the 7th to the 9th centuries, which involved 4 judicial institutions: the cadi, the court of complaint, the police/shurta and the Islamized market law.

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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 SynopsisIn this landmark publication, the world's leading expert in the legal system of Saudi Arabia explains and documents the uncodified principles of contract, tort, and property that frame the business laws of the Kingdom. Drawing on 8,500 newly published court decisions, as well as on statutory law, interviews and a wide range of other material, the book sets out to determine the actual practice of Saudi courts in these spheres, both substantively and as to reasoning and procedure. With unique insights into and understanding of this fascinating jurisdiction, this book simply must be read by all engaged with law or business in the region. Also, given its focus on how certain Islamic legal rules and principles are applied in practice, the book will prove an invaluable resource for scholars of Islamic law past and present.Table of ContentsBRIEF CONTENTS Chapter 1. Introduction Chapter 2. Saudi Legal System: Constitution, Laws, and Courts Chapter 3. Saudi Judicial Process: Procedure and Reasoning Chapter 4. Introduction to the Fiqh Law of Property, Crime, Tort, and Contract Chapter 5. Case Study of the Supply Contract Chapter 6. Contracts: General Categories and Specific Types Chapter 7. Theories of Liability Chapter 8. Case Study on Compensation for Lost Profits Chapter 9. Case Study on Respondeat Superior or Employer Vicarious Liability Chapter 10. Conclusion

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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.Table of Contents1. Islam, Religious Liberty and Constitutionalism in Europe: An Introduction, Mark Hill KC (University of Notre Dame, UK) and Lina Papadopoulou (Aristotle University of Thessaloniki, Greece) Part I: Constitutional Challenges 2. Religious Freedom for Muslims: A Challenge to the Historical Foundations and Resilience of European Constitutionalism, Evangelos Venizelos (Aristotle University of Thessaloniki, Greece) 3. When History Cripples the Future for Muslims in Europe: The Struggle between Two Notions of Constitutionalism, Ali Rashid Al-Nuaimi (United Arab Emirates Federal National Council) 4. European Values and Islam, Maurits S Berger (Leiden University, the Netherlands) 5. Old and New Islam in Europe: A Methodological Approach, Konstantinos Tsitselikis (University of Macedonia, Greece) 6. Constitutionalism, Populism and Islam in Europe, Andrea Pin (University of Padua, Italy) Part II: Religious Freedom and Other Human Rights 7. Respecting Human Rights by Reconciling the Rights of Muslim Communities and State Policies, Francis Messner (University of Strasbourg, France) 8. Equality and Difference: Muslim Religious Practice, Religious Tribunals and Muslim Women, Samia Bano (University of London, UK) 9. From Foreigners to Citizens: Freedom of Religion, Education and Policies for Social Integration of Muslim Minors, Enrica Martinelli (University of Ferrara, Italy) 10. Regulating Islam: Limitations on Freedom of Religion in Denmark, Niels Valdemar Vinding (University of Copenhagen, Denmark) Part III: Supranational and Comparative Approaches 11. Islamic Headgear: The Case Law of the European Court of Human Rights, Vincent A De Gaetano (European Court of Human Rights, France) 12. Hunting Grounds for Religious Slaughter: A Case Study from the Court of Justice of the European Union, Wolfgang Wieshaider (University of Vienna, Austria) 13. Reasonable Accommodation of Islamic Practices: Europe and America Compared, Ioannis Papadopoulos (University of Macedonia, Greece) 14. Divine Command and Religious Liberty: A Theological Reflection on Islamic Constitutionalism, Mahan Mirza (University of Notre Dame, USA) Part IV: Securitisation and Islamophobia 15. Muslims in Europe: Religious Freedom and Security, Agustín Motilla (University Carlos III of Madrid, Spain) 16. The Legal Treatment of Islamophobic Speech in Europe, Lina Papadopoulou (Aristotle University of Thessaloniki, Greece) 17. Security and Liberty in the Shadow of Islamophobia in Europe, Merilin Kiviorg (University of Tartu, Estonia) 18. The European Debate on Restrictions on Foreign Funding of Islam, Zoila Combalía (University of Zaragoza,Spain) 19. Islamophobia, Xenophobia and Religion in the European Union: A Quantitative Analysis, Anastasia Litina (University of Macedonia, Greece) and Konstantinos Papastathis (Aristotle University of Thessaloniki, Greece)

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Book SynopsisCohabiting couples and those entering religious-only marriages all too often end up with inadequate legal protection when the relationship ends. Yet, despite this shared experience, the linkages and overlaps between these two groups have largely been ignored in the legal literature. Based on wide-ranging empirical studies, this timely book brings together scholars working in both areas to explore the complexities of the law, the different ways in which individuals experience and navigate the existing legal framework and the potential solutions for reform. Illuminating pressing implications for social policy, this is an invaluable resource for policy makers, practitioners, researchers and students of family law.Table of ContentsIntroduction ~ Rajnaara C. Akhtar, Patrick Nash and Rebecca Probert Determining the Boundaries Between Valid, Void and ‘Non-Qualifying’ Marriages: Past, Present and Future? ~ Rebecca Probert ‘Cohabitants’ in the Law of England & Wales: A Brief Introduction ~ Joanna Miles Modern Marriage Myths: The Dichotomy Between Expectations of Legal Rationality and Lived Law ~ Anne Barlow The Case for Moving Away From ‘Non-Qualifying Marriage’ Declarations ~ Vishal Vora Religious-Only Marriages and Cohabitation: Deciphering Differences ~Rajnaara C. Akhtar From Regulating Marriage Ceremonies to Recognising Marriage Ceremonies ~ Rehana Parveen At the Margins: Nikah Ceremonies in the UK – A Tool for Empowerment? ~ Zainab Naqvi In Pursuit of an Islamic Divorce: A Socio-Legal Examination of Practices Among British Muslims, Informal and Legal Solutions ~ Islam Uddin Arbitration as a Legal Solution for Relationship Breakdown in the Muslim Community: The Case of the Muslim Arbitration Tribunal ~ Amin Al-Astewani ‘Regrettably It Is Not That Simple’: The Case for Minimalistic Marriage Laws ~ Patrick Nash Conclusion

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Book SynopsisIn January 2015, Muslim terrorists massacred cartoonists and writers at the Paris offices of the satirical magazine Charlie Hebdo, proclaiming to be avenging Islam's prophet. The rampage, which included the murders of hostages at a kosher market, prompted global leaders and throngs of citizens to rally in support of free expression. But was the support genuine? In this Broadside, Andrew C. McCarthy explains how leading Islamists have sought to supplant free expression with the blasphemy standards of Islamic law, gaining the support of the U.S. and other Western governments. But free speech is the lifeblood of a functioning democratic society, essential to our capacity to understand, protect ourselves from, and ultimately defeat our enemies.

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Book SynopsisTheRisale-i Nur Collection is full of 'general principles,' not only related to the Islamic Jurisprudence but also to all the fields of Islam or Islamic life and Islamic branches of knowledge. Based on or specially favored with profound wisdom having its source in the Divine Wisdom or the Divine Name of the All-Wise, the Risale-i Nur Collection contains numerous principles, precepts, or maxims which are standards or brilliant criteria enabling people to think, believe, and live according to Islam, and to evaluate and judge things and events in Islam’s light. They also provide people with the essentials or basic principles on which the branches of Islamic knowledge and Islamic science are based. Thus, we have tried to collect many of these principles in this book under certain titles, and in certain parts or sections according to the fields of thought and branches of knowledge to which they have a greater relevance.

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Book SynopsisDavid Vishanoff’s thorough and original unpacking of the Sunnī jurist al-Juwaynī’s (1028–1085) Kitāb al-Waraqāt fī uṣūl al-fiqh introduces English-speaking readers to the main concepts, terms, principles, and functions of the classical Islamic discipline of legal theory. This volume offers an ideal entry to the otherwise dense and complex mainstream Sunnī views that dominated Islamic legal thought in al-Juwaynī’s day—and that are still widely accepted today. A critical edition of al-Juwaynī’s Arabic text is also included.Trade Review"In this brilliant, innovative, and engaging book, Vishanoff guides readers through some of the most fundamental questions Muslims have debated, and struggled with, for centuries. Most Muslim scholars' books on these topics are dense and difficult. But here Vishanoff takes one such book—al-Juwaynī’s classic Waraqat—and explains, with lucidity and precision, its complex and obscure arguments. Through this book, readers will reach a better understanding of why such debates mattered to Muslims in the past, why they matter now, and how they affect the ways in which the Sharia—God’s law—might be understood in the future."—Robert Gleave, University of Exeter"A gem! David Vishanoff ’s translation of, and commentary on, al-Juwaynī’s short treatise on legal theory is cleverly conceptualized, clearly organized, and lucidly presented. It will engage and instruct those new to the study of Islamic law while inviting specialists to appreciate, reflect on, and perhaps question its comparative and interpretive choices. Highly recommended."—Kecia Ali, Boston University"A wonderful and highly accessible primer on Islamic legal theory that clarifies as it enlightens. Vishanoff brings the subject to life; this book will be a valuable resource for students of Islamic law at all levels."—Rumee Ahmed, University of British Columbia"Islamic Legal Theory is essential reading for any course on Islamic law and the history of Islamic legal theory. The book provides not only a careful and accessible translation of Kitāb al‐Waraqāt fī uṣūl al‐fiqh, or Leaflet—a key teaching text in Islamic legal theory—but also engages in a dialogue with questions and concerns from contemporary Western thought. The nature of this book to provoke such conversations makes it an indispensable text for class discussions."—Samy A. Ayoub, The University of Texas at Austin

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Book SynopsisBy pairing a scholar of Islamic law with a scholar of Jewish law, a unique dynamic is created, and new perspectives are made possible. These new perspectives not only enable an understanding of the other’s legal tradition, but most saliently, they offer new insights into one’s own legal tradition, shedding light on what had previously been assumed to be outside the scope of analytic vision. In the course of this volume, scholars come together to examine such issues as judicial authority, the legal policing of female sexuality, and the status of those who stand outside one’s own tradition. Whether for the pursuit of advanced scholarship, pedagogic innovation in the classroom, or simply a greater appreciation of how to live in a multi-faith, post-secular world, these encounters are richly-stimulating, demonstrating how legal tradition can be used as a common site for developing discussions and opening up diverse approaches to questions about law, politics, and community. Islamic and Jewish Legal Reasoning offers a truly incisive model for considering the good, the right and the legal in our societies today.Trade Review‘A revelatory exploration of faith traditions in deep dialogue with one another. Islamic and Jewish Legal Reasoning offers a model of reciprocal conversation at a time when it is too often in short supply.’ -- Dr. Seth Anziska, Lecturer in Jewish-Muslim Relations, University College London‘A wonderfully engaging conversation about the meaning, value, and possible revision of legal traditions.’ -- Michael Walzer, Professor Emeritus, Institute for Advanced Study, Princeton‘Islamic and Jewish Legal Reasoning is daring and innovative. The book is a conversation among scholars of law and religion in these two great traditions, based on intensive collective readings of and reflections on each other’s key texts, specifically concerning the role of reason and authority in determining law. The result is a fascinating and highly readable account of this dialogue.’ -- Ziba Mir-Hosseini, SOAS, University of London‘Anver Emon and Robert Gibbs are among the very best scholars of their generation on (respectively) Islamic and Jewish legal reasoning. This volume is a treasure, bringing their work into conversation with other notable scholars, helping us to better understand our shared heritage.’ -- Amir Hussain, Professor of Theological Studies, Loyola Marymount University‘Islamic and Jewish Legal Reasoning is a series of thoughtful scholarly essays in which recognition of differences becomes the starting point for mutual understanding. The essays introduce the reader to pairs of outstanding scholars who reflect together on legal questions regarding animals, sovereignty, the status of women, and other issues. Their conversations provide a wealth of detail on these two important traditions, and they remind us again that to know our own law and culture, we must first understand the questions others raise about them.’ -- Robin W. Lovin, William H. Scheide Senior Fellow in Theology, Center of Theological Inquiry‘Designed for the non-specialist, this fascinating book invites the reader to listen in on a conversation about law, Jewish law and Islamic law, among distinguished scholars thinking modern questions—the nature of law and judicial authority, the status of women, animal rights, and sovereignty—with ancient and medieval texts. It is a deeply serious book which models an informed and open dialogue about consequential matters rather than providing packaged pieties.’ -- Winnifred Fallers Sullivan, Chair, Department of Religious Studies, Indiana University BloomingtonTable of ContentsIntroduction: Islamic and Jewish Legal Reasoning—Beginnings (Anver M. Emon and Robert Gibbs) On Reading Together Formation of a Reading Practice From Reading Together to Writing Together PART I 1 Assuming Power: Judges, Imagined Authority, and the Quotidian (Rumee Ahmed and Aryeh Cohen) Introduction Rumee Ahmed Aryeh Cohen Rumee Ahmed Aryeh Cohen: Coda Conclusion 2 Guardianship of Women in Islamic and Jewish Legal Texts (Rachel Adler and Ayesha S. Chaudhry) Introduction Reading an Islamic Legal Text Together Reading a Jewish Legal Text Together Further Reflections: Rachel Adler Comparative Reflections: Ayesha S. Chaudhry Conclusion 3 The Cowering Calf and the Thirsty Dog: Narrating and Legislating Kindness to Animals in Jewish and Islamic Texts (Beth Berkowitz and Marion Katz) Introduction Dialogue 1: Legal Obligations toward Animals Dialogue 2: Compassion toward Animals Conclusion 4 Policing Women: Virginity Checkers and the Sotah Ordeal as Sites of Women’s Agency (Ayesha S. Chaudhry and Shari Golberg) Women Policing Women: From Montreal to Jerusalem The Hidaya: Testimony in Cases of Zina Mishnah Sotah: Testimony in the Case of Suspected Adultery The Adulteress vs. the Adulterer Conclusion 5 Sovereignty, Law, and the Pedagogy of Historical Fantasy: On the Halakha on the Laws of War and the Fiqh on Dhimmis (Arye Edrei and Anver M. Emon) Introduction Early Rabbinic and Islamic Legal Trajectories Inverting the Political Form Conclusion PART II 6 Cross-Textual Reflections on Tradition, Reason, and Authority (Adam B. Seligman) Introduction: Tradition and Reason Tradition and Dialogue Authority and Religion 7 The Social Life of Reason (Robert Gibbs) A Philosophical Framework Philosophical Questions List of Contributors 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 SynopsisThis book offers a long-overdue intellectual biography of the late Egyptian Shaykh Mohammed al-Ghazali (d.1996). But its main purpose is to shed light on Shari'a, a highly politicized concern of our times. Instead of the standard accounts of Islam emphasizing 'extremists,' 'traditionalists,' 'moderates,' or 'modernists,' the book introduces a multi-layered approach to understanding the contours of Shari'a rulemaking. It highlights the technical and historical trajectory of this rulemaking process, thereby challenging the prevailing academic narrative as well as popular Muslim narratives. In using this contemporary influential Muslim scholar as a reference, the book assesses what so many Sunni Muslims see in Shari'a, at least in this Egyptian context, and how such devotion could hinder or promote genuine reform.Table of ContentsIntroduction: Shari'a, Ghazali and their StudyPart I: Portraits from a Muslim Journey into the 20th CenturyChapter 1:The Contexts: The Modern al-Ghazali and his World Chapter 2: The Texts: On the Shelves Chapter 3: Elusive Texts: Book of Tension Chapter 4: Untidy Texts: Ghazali vs Ghazali Chapter 5: Case of Women: Textualising Context Chapter 6: The Contents (Scripture): God and Women LeadersPart II: Shari'a Rulemaking TrajectoryChapter 7: Is Shari'a a Method? Is it a Law? Does it Matter? Chapter 8: Shari'a and Telling of the Muslim StoryEpilogue: What's in a Historical Narrative?

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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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