Systems of law: Islamic law Books

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 SynopsisWhy are Muslim men portrayed as inherently violent? Does the veil violate women's rights? Is Islam stopping Muslims from integrating?Across western societies, Muslims are more misunderstood than any other minority. But what does it mean to believe in Islam today, to have forged your beliefs and identity in the shadow of 9/11 and the War on Terror? Exploding stereotypes from both inside and outside the faith, The Muslim Problem shows that while we may think we know all about Islam we are often wrong about even the most basic facts.Bold and provocative, The Muslim Problem is both a wake-up call for non-believers and a passionate new framework for Muslims to navigate a world that is often set against them.Trade ReviewI can't recommend this sober, level-headed and highly readable book too highly. It painstakingly dismantles the poisonous myths about Muslims spread in the British media and on the far right. I read it at a sitting and learnt something new from every page. * Peter Oborne, author and journalist *A thoughtful, exploratory, candid, passionate and thoroughly modern book on migration, identity, individuality, integration and faith, reflecting on what it means to be a member of the religion we both belong to. * The i *This is a remarkable, insightful, searingly honest book on how British Muslims live and feel and think, and how one can be a happy and fulfilled Muslim in a world so frequently defined by Islamicist extremists and racists. For me, a progressive Muslim, it was like finding an oasis of intelligence and truths, of hope and possibilities. * Yasmin Alibhai-Brown, author and journalist *Meticulously researched and thought-provoking... an utterly convincing treatise on Muslim identity... Even readers who consider themselves sympathetic and well informed should find food for thought in the depth of analysis Khan offers... the book's defining characteristics are humanity and hope. * Business Post *Timely, urgent and eloquent. An honest and well-researched exploration of how biases, stereotypes and prejudices affect identity both from within and outside the Muslim community. * Pragya Agarwal, author of Sway: Unravelling Unconscious Bias *Powerful and disturbing. This deeply personal and forensically researched book exposes the stain of Islamophobia that has long festered in British society * Chris Atkins, Sunday Times bestselling author of A Bit of a Stretch *A vital exploration of Islamophobia. I learned so much from reading this book. Tawseef Khan has given us an insightful, intelligent and intimate discussion of issues we all need to grapple with. * Jeffrey Boakye, author of Black, Listed *A bracing and brilliant book. From women's rights to terrorism, The Muslim Problem takes apart misconceptions and shows what it's really like to be a Muslim today. By placing Islamophobia in a historical context, Khan gives powerful insights into one of the most hotly-contested and topical issues of our times. * Reza Aslan, author of No God But God *Through an eclectic and powerful mix of personal memoir and first-hand reporting, Tawseef Khan shows the unique challenges faced by British Muslims as they seek to remedy decades of fear-baiting media narratives and government policy that have negatively impacted their communities. * Hussein Kesvani, journalist *A vital and timely book for those who wish to engage more honestly with Muslims and for those Muslims struggling with their identity in 21st century Britain. * Tez Ilyas, comedian *Essential reading. The Muslim Problem is a blisteringly honest account of what it means to be a Muslim today and a much-needed corrective to prejudice. * Magid Magid, author and former Lord Mayor of Sheffield *A powerful book demystifying the Islamic experience and a must read for those wishing to expand their world view beyond stereotypes. * Asifa Lahore, Britain’s first out Muslim drag queen *Table of Contents0: Introduction 1: 'Muslims Don't Integrate' 2: 'Islam Is Violent' 3: 'Muslim Men Are Threatening' 4: 'Islam Hates Women' 5: 'Islam Is Homophobic' 6: Conclusion: The Muslim Problem

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Book SynopsisAS RECOMMENDED ON THE TROJAN HORSE AFFAIR PODCASTWhy are Muslim men portrayed as inherently violent? Does the veil violate women's rights? Is Islam stopping Muslims from integrating?Across western societies, Muslims are perhaps more misunderstood than any other minority. How did we get here? In this landmark book, Tawseef Khan draws on history, memoir and original research to show what it is really like to live as a Muslim in the West. With unflinching honesty, he dismantles stereotypes from inside and outside the faith, and explores why many are so often wrong about even the most basic facts. Bold and provocative, Muslim, Actually is both a wake-up call for non-believers and a passionate new framework for Muslims to navigate a world that is often set against themMuslim, Actually was previously published in 2021 in hardback under the title The Muslim Problem.Trade ReviewI can't recommend this sober, level-headed and highly readable book too highly. It painstakingly dismantles the poisonous myths about Muslims spread in the British media and on the far right. I read it at a sitting and learnt something new from every page. * Peter Oborne, author and journalist *A thoughtful, exploratory, candid, passionate and thoroughly modern book on migration, identity, individuality, integration and faith, reflecting on what it means to be a member of the religion we both belong to. * The i *This is a remarkable, insightful, searingly honest book on how British Muslims live and feel and think, and how one can be a happy and fulfilled Muslim in a world so frequently defined by Islamicist extremists and racists. For me, a progressive Muslim, it was like finding an oasis of intelligence and truths, of hope and possibilities. * Yasmin Alibhai-Brown, author and journalist *Meticulously researched and thought-provoking... an utterly convincing treatise on Muslim identity... Even readers who consider themselves sympathetic and well informed should find food for thought in the depth of analysis Khan offers... the book's defining characteristics are humanity and hope. * Business Post *Timely, urgent and eloquent. An honest and well-researched exploration of how biases, stereotypes and prejudices affect identity both from within and outside the Muslim community. * Pragya Agarwal, author of Sway: Unravelling Unconscious Bias *Powerful and disturbing. This deeply personal and forensically researched book exposes the stain of Islamophobia that has long festered in British society * Chris Atkins, Sunday Times bestselling author of A Bit of a Stretch *A vital exploration of Islamophobia. I learned so much from reading this book. Tawseef Khan has given us an insightful, intelligent and intimate discussion of issues we all need to grapple with. * Jeffrey Boakye, author of Black, Listed *A bracing and brilliant book. From women's rights to terrorism, [Muslim, Actually] takes apart misconceptions and shows what it's really like to be a Muslim today. By placing Islamophobia in a historical context, Khan gives powerful insights into one of the most hotly-contested and topical issues of our times. * Reza Aslan, author of No God But God *Through an eclectic and powerful mix of personal memoir and first-hand reporting, Tawseef Khan shows the unique challenges faced by British Muslims as they seek to remedy decades of fear-baiting media narratives and government policy that have negatively impacted their communities. * Hussein Kesvani, journalist *A vital and timely book for those who wish to engage more honestly with Muslims and for those Muslims struggling with their identity in 21st century Britain. * Tez Ilyas, author of The Secret Diary of a British Muslim Aged 13 ¾ *Essential reading... a blisteringly honest account of what it means to be a Muslim today and a much-needed corrective to prejudice. * Magid Magid, author and former Lord Mayor of Sheffield *A powerful book demystifying the Islamic experience and a must read for those wishing to expand their world view beyond stereotypes. * Asifa Lahore, Britain’s first out Muslim drag queen *Table of Contents0: Introduction 1: 'Muslims Don't Integrate' 2: 'Islam Is Violent' 3: 'Muslim Men Are Threatening' 4: 'Islam Hates Women' 5: 'Islam Is Homophobic' 6: Conclusion: The Muslim Problem

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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 SynopsisA formidable array of judicial talent considers all aspects of Islamic criminal procedure with the firm emphasis on its practical application today in modern states. Where do Islamic courts operate in the modern world? What training does an Islamic judge receive? How does an Islamic court deal with a criminal case? What proof and evidence does it accept? What law and practice do the Islamic judges apply to transgressions by Westerners in Saudi Arabia, whether they be accused of murder, adultery or drinking alcohol? This book attempts to answer all these and many more crucial questions of Islamic law as they affect the different nations of the Islamic World.Table of ContentsWhere do Islamic courts still operate in the modern world? What training does an Islamic judge receive? How does an Islamic court deal with a criminal case? What proof and evidence does it accept? What penalties may an Islamic judge impose in criminal matters? What law and practice do the Islamic judges apply to transgressions by Westerners in Saudi Arabia, whether they be accused of murder, adultery or drinking alcohol? This book attempts to answer all the above crucial, basic yet difficult questions of Islamic law. A formidable array of judicial talent considers all aspects of Islamic criminal procedure with the firm emphasis on its practical application in modem states today. Controversial cases are dealt with and explained from an Islamic point of view with the aim of informing a Western audience of the objectivity and fair process inherent in the Islamic system.

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Book SynopsisHow and why have women come to play a central role in the political project of Islamic revivalism and in the power struggles between Islamic and secular forces in Turkey? Ayse Saktanber rejects approaches to this issue that ask what Islam means for the position of women or see Muslim women as the 'reverse' or the 'dark' side of modernity. She examines the experiences of women for whom the discourse of modernity has no relevance and looks at the ways in which they have become crucial agents in the effort to make Islam a living social practice in a secular order. Full of fascinating accounts of the lives of Islamist women, this study is essential for anyone interested in the contemporary Muslim world.

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Book SynopsisThis book takes a comprehensive look at the ways in which Muslims interpret the Qur''ān today and at the themes and structural conditions that shape their engagement with their sacred scripture. Muslim Qur''ānic interpretation Today includes boldly innovative approaches as well as staunchly traditional ones. They are represented and performed in all types of media and target a wide variety of audiences. The book aims at making sense of these diverse phenomena by combining an analytical overview of the field with detailed case studies of exegetical texts and media from the 2000s and 2010s. The first part offers a comprehensive introductory survey of the field of contemporary Muslim Qur??nic interpretation. It provides a fresh perspective on present-day discourses by emphasising the historical, social, and political dimensions in which they take place. The second part presents samples from recent exegetical works that exemplify larger themes such as media, interpretive methods, and the diversity of the global Muslim community. Commentaries on the texts and their authors help to contextualise the samples and highlight core themes and features of contemporary exegetical debates. Taken together, the two parts of the book can be read as a spotlight on Muslim Qur''ānic interpretation in a specific period of time, a time of great challenges and tremendous social transformations, some of them obvious and some of them rarely noted.

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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 SynopsisIn Volume 4, the author shows that Islam honours women in all that it makes permissible for a Muslim woman to wear and with what she may adorn herself. This Eight volume series is the author’s abridged version of his longer work with the same Arabic title, Tahrir al-Mar’ah fi ‘Asr al-Risalah spanning a twenty-five year study comprising fourteen great anthologies of ahadith, but in this book he only rarely includes hadiths from any anthology other than the two most authentic ones of al-Bukhari and Muslim.Table of ContentsChapter 1: Introductory Notes Chapter 2: The First Condition of Women’s Clothing Chapter 3: Women’s Faces Uncovered during the Prophet’s Time Chapter 4: Further evidence endorsing face uncovering Chapter 5: Early Scholars’ Agreement on Uncovering Women’s Faces Chapter 6: The Veil, Prior to Islam and after it Chapter 7: Other Conditions of Women’s Attire and Adornment

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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 SynopsisMuhammad ibn Idris al-Shafi'i (767-820) was one of Islam's foundational legal thinkers. Shafi'i considered law vital to social and cosmic order: the key obligation of each Muslim was to obey God, and it was through knowing and following the law that human beings fulfilled this duty. Drawing on the most recent scholarship on Shafi'i's work as well as her own investigations into his life and writings, Kecia Ali explores Shafi'i's innovative ideas about the nature of revelation and the necessary if subordinate role of human reason in extrapolating legal rules from revealed texts. This study sketches his life in his intellectual and social context, including his engagement with other early figures including Malik and Muhammad al-Shaybani. It explores the development and refinement of his legal method and substantive teachings as well as their transmission by his students. It also shows how he became the posthumous "patron saint" of a legal school, who remains today a figure of popular interest and veneration as well as a powerful symbol of orthodoxy.Table of ContentsAcknowledgements Introduction 1 Arabian Years 2 From Student to Shaykh 3 Legal Theory I: The Risala, Sunna, and Hadith 4 Legal Theory II: Analogy, Ijtihad, and Consensus 5 The Ummand Substantive Law 6 Saint Shafi‘i Conclusion Further Reading Bibliography Index

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Book SynopsisDue to mass migration over a number of decades, many Muslims today find themselves residing as minorities in Western secular nations and as a result are searching for answers in order to live within these societies yet remain true to their faith. This book sets out to counter the idea that there are only two possibilities for Muslim minorities?isolation or assimilation?by arguing that traditional Islamic law, or fiqh as it is found in the classical schools of law, is not outdated or too inflexible to be utilized in the21st century and that ratherit can provide the means for Muslims to integrate within secular societies while maintaining a link to the sources of their religion and its legal rulings. Amjad M. Mohammed demonstrates how Islamic law, as interpreted by the Hanafi School of Law, is a multifaceted, complex legal system that takes into account both the individual?s situation and the society?s culture and customs. The concept of diyar, or political-legal jurisdictions, is discussed with special emphasis on the criteria for the application of dar al-Islam (Muslim state), dar-al-sulh (peace-treaty state), and dar al-harb (enemy state). A number of rulings for different situations that confront Muslim minorities are also included, such as working with illegal products or services, halal meat, food additives, medicines and medical interventions, financial transactions, and political participation.

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Book SynopsisDue to mass migration over a number of decades, many Muslims today find themselves residing as minorities in Western secular nations and as a result are searching for answers in order to live within these societies yet remain true to their faith. This book sets out to counter the idea that there are only two possibilities for Muslim minorities?isolation or assimilation?by arguing that traditional Islamic law, or fiqh as it is found in the classical schools of law, is not outdated or too inflexible to be utilized in the21st century and that ratherit can provide the means for Muslims to integrate within secular societies while maintaining a link to the sources of their religion and its legal rulings. Amjad M. Mohammed demonstrates how Islamic law, as interpreted by the Hanafi School of Law, is a multifaceted, complex legal system that takes into account both the individual?s situation and the society?s culture and customs. The concept of diyar, or political-legal jurisdictions, is discussed with special emphasis on the criteria for the application of dar al-Islam (Muslim state), dar-al-sulh (peace-treaty state), and dar al-harb (enemy state). A number of rulings for different situations that confront Muslim minorities are also included, such as working with illegal products or services, halal meat, food additives, medicines and medical interventions, financial transactions, and political participation.

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Book SynopsisThis book by renowned scholar and recognised authority on Islam, Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri, is a discourse on the legal position of celebrating the Mawlid al-Nabi (birthday of the Prophet Muhammad (PBUH)) within Islam. Most notably, the author has comprehensively compiled evidences from the authentic source texts and classical authorities to prove not only the permissibility of celebrating the Mawlid al-Nabi within the bounds of the Shari'a (Islamic Law) but also that it is divinely ordained and was a Sunna (practice) of the Prophet himself. The author presents unique and compelling arguments showing why celebrating Mawlid al-Nabi is not only an act of righteousness, but a need of our time. Tackling the various criticisms of this act head on, he specifically addresses the issue of why the first generation of Muslims did not celebrate the Mawlid, and clarifies that labelling the Mawlid as an bid'ah (innovation) betrays a fundamental and serious flaw in the understand of the Islamic concept of bid'ah.Table of ContentsChapters: 1. Introduction 2. Mawlid al-Nabi and the Signs of Islam: A Historical Perspective 3. On Remembering Events of Joy and Remorse 4. Remembering the Mawlid of Prophets: A Qur'anic Analysis 5. Evidences from the Qur'an on Mawlid al-Nabi 6. Evidences from the Hadith on Mawlid al-Nabi 7. The Position of the Hadith Scholars and Imams On Celebrating Mawlid al-Nabi 8. Why Did the First Generation of Muslims Not Celebrate the Mawlid? 9. The Formative Constituents of Mawlid al-Nabi 10. Various Aspects of Mawlid al-Nabi: A Brief Overview 11. Is Celebrating Mawlid al-Nabi a Bid'a? 12. Doctrinal Issues Related to Mawlid al-Nabi

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Book SynopsisThis book by renowned scholar and recognised authority on Islam, Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri, is a discourse on the legal position of celebrating the Mawlid al-Nabi (birthday of the Prophet Muhammad (PBUH)) within Islam. Most notably, the author has comprehensively compiled evidences from the authentic source texts and classical authorities to prove not only the permissibility of celebrating the Mawlid al-Nabi within the bounds of the Shari'a (Islamic Law) but also that it is divinely ordained and was a Sunna (practice) of the Prophet himself. The author presents unique and compelling arguments showing why celebrating Mawlid al-Nabi is not only an act of righteousness, but a need of our time. Tackling the various criticisms of this act head on, he specifically addresses the issue of why the first generation of Muslims did not celebrate the Mawlid, and clarifies that labelling the Mawlid as an bid'ah (innovation) betrays a fundamental and serious flaw in the understand of the Islamic concept of bid'ah.Table of ContentsChapters: 1. Introduction 2. Mawlid al-Nabi and the Signs of Islam: A Historical Perspective 3. On Remembering Events of Joy and Remorse 4. Remembering the Mawlid of Prophets: A Qur'anic Analysis 5. Evidences from the Qur'an on Mawlid al-Nabi 6. Evidences from the Hadith on Mawlid al-Nabi 7. The Position of the Hadith Scholars and Imams On Celebrating Mawlid al-Nabi 8. Why Did the First Generation of Muslims Not Celebrate the Mawlid? 9. The Formative Constituents of Mawlid al-Nabi 10. Various Aspects of Mawlid al-Nabi: A Brief Overview 11. Is Celebrating Mawlid al-Nabi a Bid'a? 12. Doctrinal Issues Related to Mawlid al-Nabi

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Book SynopsisThis book focuses on dealing with questions and concerns regarding long-term and sustainable peaceful relations between Muslims and non-Muslims, in both Muslim majority countries and also western countries where Muslims live as minorities.The book is divided into two sections. The first section discusses individual and community relations, providing ample evidences for very important aspects in this regard. Muslims in their treatment of non-Muslims, bas a rule, are to ensure that all non-Muslims are secure in their lives and in their belongings.The book further illustrates how Muslims are to treat non-Muslims with piety and excellent social morality, and not as second class citizens or inferior beings.The second section of the book discusses the categories of abodes, making this work one of geopolitical relevance. Shaykh-ul-Islam Dr Muhammad Tahir-ul-Qadri provides evidences and nuanced interpretations of the concepts "The Abode of Islam, The Abode of Reconciliation, The Abode of Treaty, The Abode of Peace, and The Abode of War." Clear definitions of these categories are offered, along with how different countries can and cannot be classified in each of these categories.This book presents a high standard of Islamic scholarship for Muslims and non-Muslims alike. Members of diverse communities may benefit by comparing their own viewpoints, perspectives, understandings, and opinions with this important work of an authentic scholarly standard.

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Book SynopsisSeit zwei Jahrzehnten lässt sich eine irritierende Wiederkehr des Blasphemievorwurfs beobachten. Man denke etwa an den dänischen Karikaturenstreit oder den Terroranschlag auf Charlie Hebdo 2015 in Paris. Die entsprechenden politischen und juristischen Debatten betreffen gegenwärtig insbesondere Blasphemieparagraphen in den Rechtsordnungen. Doch das Phänomen der Blasphemie ist facettenreicher, als es dabei oft wahrgenommen wird. Denn "Blasphemie" ist kein objektiv vorliegender Tatbestand, sondern entspricht einem komplexen Deutungsmuster, das religionsspezifisch und interreligiös unterschiedliche Ausprägungen erfahren hat. Der vorliegende Sammelband reflektiert das Phänomen der Blasphemie in Geschichte und Gegenwart in einem multiperspektivischen Zugang. Die Thematik wird sowohl im Kontext von Judentum, Christentum, Islam, Hinduismus, Buddhismus als auch im Kontext von Jurisprudenz und Kunst aus der Sicht verschiedener Wissenschaftsdisziplinen analysiert.

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Book SynopsisThe ideas of love and justice have received a lot of attention within theology, philosophy, psychology, sociology, and neuroscience in recent years. In theology, the theological virtues of faith, hope, and love have become a widely discussed topic again. In philosophy, psychology and neuroscience research into the emotions has led to a renewed interest in the many kinds and forms of love. And in moral philosophy, sociology, and political science questions of justice have been a central issue of debate for decades. But many views are controversial, and important questions remain unanswered. In this volume the authors focus on issues that take the relations between the two topics into account. The contributions move from basic questions about the relationships between love and justice through specific, but central problems of a just practice of love to social and political issues of the practice of justice in today's society

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Book SynopsisGegenstand des zweisprachigen Bandes sind die Prozesse, in denen in Deutschland und auf den britischen Inseln aus der reformatorischen Bewegung Institutionen, von der Reformation geprägte Kirchen wurden, sowie die dabei wirksamen Faktoren. Nach einem Überblick über die englische und die schottische Reformationsgeschichte werden die Entwicklung der Predigt, des Singens, der Liturgie und ihres Raumes, der Familie, der Geschlechterrollen und des Rechts, die Herausbildung eines neuen Pfarrer- und Gemeindetyps sowie der Umgang mit religiösen Abweichlern behandelt, und dies in einem vergleichenden, die Vorgänge auf beiden Seiten des Kanals zueinander in Beziehung setzenden Zugriff. Abschließend kommen die theologischen und religiösen Deutungen in den Blick, die die an der Reformation Beteiligten selbst diesem Einschnitt in der Kirchengeschichte gaben. Mit Beiträgen von:Albrecht Beutel, Amy Burnett, Euan Cameron, Geoffrey Dipple, Susan Karant-Nunn, Thomas Kaufmann, Konrad Klek, John McCallum, Ashley Null, Martin Ohst, Wolf-Dietrich Schäufele, Andrew Spicer, Andreas Stegmann, Christopher Voigt-Goy, Alex Walsham, Kristen Walton, Dorothea Wendebourg

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Book SynopsisLydia Lauxmann klärt in dieser Studie, wie Begriff und Vorstellungsgehalt der Menschenwürde innerhalb der Theologie des 20. Jahrhunderts rezipiert wurden. Während die Menschenwürde heute selbstverständlicher Teil theologisch-ethischer Debatten ist, wurde sie noch in der Mitte des letzten Jahrhunderts als "Blasphemie" und "Götzendienst" abgelehnt.Die Autorin zeigt auf, wie es von der Ablehnung der Menschenwürde zu ihrer selbstverständlichen Verbreitung kam. Sie zeichnet den Weg der Menschenwürde in die Theologie in den Debatten um Recht und Gerechtigkeit, in den Menschenrechtsdebatten und in den Bioethikdebatten der zweiten Hälfte des 20. Jahrhunderts nach und leistet damit einen Beitrag zum Verständnis theologischer und kirchlicher Debattenkultur, der Menschenwürdefigur und des Protestantismus in der Gesellschaft.

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