Systems of law: Islamic law Books

Book SynopsisQurʾān Quotations Preserved on Papyrus Documents, 7th-10th Centuries is the first book on the Qurʾān’s Sitz im Leben, i.e. on how the Qurʾān was quoted in Arabic original letters, legal deeds, and amulets. Qurʾān Quotations also serves as an in-depth exploration of the radiocarbon dating of documents and Qurʾānic manuscripts. Contributors: Ursula Bsees; Tobias J. Jocham; Andreas Kaplony; Michael Josef Marx, Daniel Potthast; Leonora Sonego; Eva Mira Youssef-Grob.Table of ContentsThe Qurʾān’s Sitz im Leben: Preliminary Remarks on Methodology Figures Notes on Contributors 1 Introduction  Michael Josef Marx 2 Qurʾān Quotations in Arabic Papyrus Letters from the 7th to the 10th Centuries  Daniel Potthast 3 Qurʾān Quotations in Papyrus Legal Documents  Leonora Sonego 4 Qurʾānic Quotations in Arabic Papyrus Amulets  Ursula Bsees 5 Radiocarbon (14C) Dating of Early Islamic Documents: Background and Prospects  Eva Mira Youssef-Grob 6 Radiocarbon (14C) Dating of Qurʾān Manuscripts  Michael Josef Marx and Tobias J. Jocham General Bibliography Index

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Book SynopsisIn Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing “law in the making” and the shifts in debates (2012–2018). In 2012, a ruling on khulʿ-divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to “harmonize” international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.Table of ContentsPreface List of Ilustrations Abbreviations 1 Introduction  1.1 Research Design  1.2 Research Literature 2 Palestinian Legal System  2.1 Basic Law, Sharia Court High Council, and Supreme Constitutional Court  2.2 The Jordanian Law of Personal Status (JLPS) of 1976, Applicable in the West Bank and the Egyptian Family Rights Law (EFRL) of 1954, Applicable in Gaza 3 The Actors  3.1 State  3.2 Civil Society  3.3 Sharia Establishment 4 Khulʿ: The New Ruling of 2012 and Its Context  4.1 Uses of the Past: Sources of Khulʿ and the Case of Egypt  4.2 Legal Regulation in Palestine  4.3 Analysis of Taʿmīm 59/2012  4.4 The Qāḍī al-Quḍāt as a Quasi-Legislator? 5 Khulʿ in University Teaching  5.1 Birzeit University as Part of the Palestinian Public Sphere  5.2 Approaches to Academic Teaching  5.3 Class on Khulʿ on October 31, 2013  5.4 Textbook of the Supreme Judge’s Class: Past or Present? 6 Khulʿ in Iterations  6.1 Civil Society  6.2 The State: Palestinian Authority  6.3 Sharia Establishment  6.4 Conclusion 7 CEDAW and Palestine  7.1 CEDAW State Report of Palestine, March 10, 2017  7.2 List of Issues and Questions Relating to the Report by the State of Palestine to the CEDAW Committee, November 30, 2017, and Replies to Questions (List of Issues), February 19, 2018  7.3 Shadow Reports by Civil Society Organizations  7.4 The Palestinian Delegation in Geneva, July 2018 8 CEDAW in Iterations  8.1 Palestine Discusses: How Can International Law and Sharia Be Harmonized?  8.2 Developments through the End of 2018 9 Khulʿ and International Law in Gaza  9.1 The Legal Background of Gaza  9.2 A Failed Draft Law in 2013 and the Issuing of Two Taʿmīmāt in 2016  9.3 Comparison between the West Bank and Gaza  9.4 Standing Up for a New Khulʿ Law in Gaza: The Civil Society Debate in Gaza 2012 to 2017  9.5 Conclusion 10 Conclusions References  Websites  Laws Terminology Index

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Book SynopsisMona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential. In the case of men and women's capabilities, the underlying principle is that they are entitled to the same rights, as long as their capabilities are the same. In the legal construction of women's status, women have been prescribed lacking the same abilities and capabilities as men. As such, their status and rights differ, justifying men to be the maintainers of women. By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.Table of ContentsAcknowledgments Glossary 1 The Legal Status of Women: An Introduction  1 Historical Aspects  2 Islamic Law and the State  3 Justice and Gender Equality  4 Crucial Developments of Law  5 Outline 2 Foundations of Islamic Law  1 Immutable Law?   1.1 Sharia   1.2 Fiqh and Usul al-fiqh  2 Sources of Islamic Law  2.1 The Quran   2.1.1 Authoritative Interpretations   2.1.2 Dealing with Contradictions  2.2 Sunnah   2.2.1 Hadith Compilations   2.2.2 Validity of Hadiths  2.3 Ijma  2.4 Legal Reasoning   2.4.1 Ijtihad   2.4.2 Other Forms of Legal Reasoning  3 Who Has the Right to Interpret the Law? 3 Women and Islam  1 The Pre-Islamic Status of Women According to Muslim Sources  1.1 The Pre-Islamic Status of Women According to Historical Sources  2 The Wives of Muhammad  2.1 Khadija  2.2 Aisha  3 The Influence of Islam on Women  3.1 The Ethical Voice  3.2 Marriage   3.2.1 Temporary Marriages   3.2.2 Polygyny  3.3 Sexual Relations  3.4 Fornication and Adultery  3.5 Testimony  3.6 Compensation for Death  3.7 Inheritance  3.8 Divorce  3.9 Political Positions  3.10 Veiling  3.11 The Consequences of the Death of the Prophet on the Status of Women 4 Guardianship of Women  1 Guardianship of Minors  2 Legally Incompetent but Financially Independent  2.1 Men Are the Managers of Women   2.1.1 Marriage Based on Cooperation or Supervision?  2.2 Correcting Women  3 The Marriage Contract  3.1 The Guardians Right to Conclude the Marriage Contract  3.2 Mahr  3.3 The Analogy to a Sales Contract 5 Advancing the Legal Status of Women in Islamic law  1 Gradual Changes  2 Could the Abolition of Slavery Be a Model for Advancing the Rights of Women?  2.1 The Status of Slaves  2.2 Female Slaves  2.3 Abolishing Slavery   2.3.1 Egypt   2.3.2 India   2.3.3 Persia  2.4 Is There an Ijma on Slavery?  3 Does the Principle of Justice Include Female Autonomy?  3.1 The Concept of Justice  3.2 An Unjust God?  4 Political Reform  4.1 State Law 6 Concluding Remarks Bibliography Index

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Book SynopsisThis book is a succinct and critical account on the shariatisation of Indonesia, the largest Muslim country in the world. It is the first book in English to uncover and explain the shariatisation of Indonesia in a comprehensive way. With the abundant primary and secondary sources, this book is a reference for other scholars who conduct research on the inclusion of sharia into legal and public sphere of Indonesia. It comes with an important conclusion that the change of such a non-theocratic state like Indonesia into a theocratic state is highly possible when its law is penetrated by those who want to change the state system.Table of Contents1Acknowledgements A Note on Transliterations Abbreviations 1 The Politics of Shariatisation in Indonesia  1.1 Introduction  1.2 Shariatisation from Local and Global Perspectives  1.3 Shariatisation and Islamisation in Indonesia  1.4 Theoretical Framework  1.5 Methodology, Sources of Research and Structure of the Book 2 MUI and the History of the Sharia Trajectory in Indonesia  2.1 Introduction  2.2 The Shariatisation of MUI and Indonesia’s State Ideology  2.3 Discourse on Indonesia’s State Ideology and MUI’s Response  2.4 The Institutionalisation of the Ulama  2.5 The Genesis of MUI  2.6 Leadership of MUI Senior Ulama  2.7 The Reform Era: The Changing Role of MUI  2.8 Internal Dynamism 3 A Living Organisation: Pre-existing Conditions and the Organisational Vehicle of Shariatisation  3.1 Introduction  3.2 Internal Causes of Shariatisation  3.3 Institutional Vehicles for Shariatisation  3.4 Conclusion 4 Sharia Activism: Opportunity Structure, Frame, and Mobilisation  4.1 Introduction  4.2 The Legal and Political Structure of Indonesia  4.3 Framing Shariatisation  4.4 The Mobilisation of Sharia  4.5 Conclusion 5 Regional Shariatisation: The Presence of MUI in Aceh, Bulukumba and Cianjur  5.1 Introduction  5.2 Aceh  5.3 Bulukumba, South Sulawesi  5.4 Cianjur, West Java  5.5 Conclusion 6 MUI’s Discourse and Its Relevance for Shariatisation: Case Studies of Fatwa  6.1 Introduction  6.2 Deviant Groups and Islamic Worship  6.3 Compliance and Social Resistance 7 The Dilemma of Electoral Politics and the Politics of the Umma: MUI’s Trajectory of Shariatisation in the Era of Joko Widodo’s Presidency  7.1 Introduction  7.2 MUI and Electoral Politics  7.2.5 The 2019 Presidential Elections: Jokowi’s Reconciliation with MUI through Ma‌ʾruf Amin  7.3 The Umma and Islamic Discourse in Indonesian Conceptualisation  7.4 MUI and Its Political Dilemma  7.5 Conclusion 8 Concluding Reflections References Index

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Book SynopsisThis book looks at fatwa in Indonesia during the period following the fall of President Suharto. It is an in-depth exploration of three fatwa-making agencies-Majelis Ulama Indonesia, Lajnah Bahth al-Masail Nahdlatul Ulama, and Majelis Tarjih Muhammadiyah-all of which are highly influential in shaping religious thought and the lives of Muslims in Indonesia. Rather than look at all the fatwa that have emerged in the period, Pradana Boy ZTF focuses on those that have strong repercussions for intra-community relations and the development of Indonesian Muslims more generally, including fatwa pertaining to sectarianism, pluralism, secularism and liberalism.Table of ContentsDeclaration Acknowledgement Table of Contents Summary Notes on Transliteration Chapter I: Introduction A. Background B. Mode of Thought - Traditionalism - Revivalism - Reformism C. Significance of the Study D. Methodology E. Thesis Structure Chapter II: Fatw? in Islamic Legal Theory and Indonesian Legal System A. Introduction B. Fatw? in Islamic Legal Theory C. Fatw? and the Indonesian Legal System D. Conclusion Chapter III: Majelis Ulama Indonesia and Fatw? on Pluralism A. Introduction B. Plurality of Islam and Religious Pluralism in Indonesia C. MUI's Fatw? on Religious Pluralism D. Conclusion Chapter IV: The Progressive Groups' Response A. Introduction B. Competing Religious Ideas and Orientation C. On Diversity and Tolerance - The Problem of Semantic Confusion - Challenging the Religious Authoritarians - Progressives and Social Harmony - In Defense of Freedom of Thought D. Competing Ideas and Mode of Thinking on Liberalism E. Progressives on Secularism in Indonesia Chapter V: The Fatw? on Sectarianism and Its Social Implications: The Case of Ahmadiyah And Shi'a A. Introduction B. Ahmadiyah and its Genesis in Indonesia C. Fatw? on Ahmadiyah D. Shi'a in Indonesia E. Fatw? on Shi'a F. Characteristics of the Mode of Thinking and Implications of Fatw? G. Violence: The Case of Ahmadiyah H. Violence Against the Shi'a I. Closing Chapter VI: Fatw? of Bahth al-Masail Nahdlatul Ulama' A. Introduction B. NU and the Preservation of Traditionalism C. Factors Conditioning Traditionalism - The Aswaja Doctrine - Attitude towards Tradition and Mysticism - Taqlid and Islam Bermazhab D. Lajnah Bahth al-Mas?il and Its Fatw? E. Conclusion Chapter VII: The Fatw? of Majelis Tarjih Muhammadiyah A. Introduction B. The Foundation C. Muhammadiyah's Mode of Thought - Muhammadiyah as Puritan - Muhammadiyah as Reform Movement - Competing Orientation D. The Majelis Tarjih E. Fatwa and Social Changes in Muhammadiyah F. Conclusion Chapter VIII: Conclusion Bibliography Appendices

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Book Synopsis

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Book Synopsis

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Book SynopsisSince the founding of the Zionist movement until today, the question of the relationship between “church” and state in Israel remains unresolved, resulting in a continuous legal and social conflict among Israelis. The tension that arises from Judaism acting not only as a religion and culture but also as a national entity constitutionally underpinning an entire state—resulting in the “Jewish and democratic state” of Israel—manifests in major aspects of daily life for Israelis, such as marriage and divorce, conversion, and Shabbat. This book presents a crucial piece of scholarship in understanding the history and current dynamics of the relation between state and religion in Israel, and, in doing so, provides a unique perspective on the future potential solutions to this social rift. Trade Review“Judaism is a unique entity. It is a religion and a culture, but it is also a national entity. The State of Israel, the fulfillment of a dream of two millennia, when without a foothold in the promised land, Jewish continued existence depended on religious, spiritual, and intellectual values. But, how can this state, Jewish and democratic, relate to state and religion matters? … Shuki Friedman, in his concise but very informative, balanced, and well-organized book, surveys the issues systematically and describes the development of state and religion issues since the establishment of Israel.” — Justice Elyakim Rubinstein, from the preface“The book is a fascinating read for readers outside of Israel that may not understand the basics of, and the inherent complexities of how the government of Israel operates, its laws, and the many tensions between the secular and religious communities.”— Ben Rothke, The Times of IsraelTable of ContentsPersonal Introduction and Acknowledgments Introduction: Jewish and Democratic—On Church-State Relations in Israel 1. The Shaping of the Status Quo2. The Erosion of the Status Quo3. Religion and State: The Failed Attempts to Enact Arrangements4. Factors that Erode the Status Quo5. Religion and State: Is Legislation of Any Use?Conclusion: Separation of Religion and State?Index

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