Doubt in Islamic Law

Author: Intisar A. Rabb

Publisher: Cambridge University Press

ISBN: 9781107080997

Category: History

Page: 431

View: 457

This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Routledge Handbook of Islamic Law

Author: Khaled Abou El Fadl

Publisher: Routledge

ISBN: 9781317622444

Category: Religion

Page: 450

View: 147

This handbook is a detailed reference source comprising original articles covering the origins, history, theory and practice of Islamic law. The handbook starts out by dealing with the question of what type of law is Islamic law and includes a critical analysis of the pedagogical approaches to studying and analysing Islamic law as a discipline. The handbook covers a broad range of issues, including the role of ethics in Islamic jurisprudence, the mechanics and processes of interpretation, the purposes and objectives of Islamic law, constitutional law and secularism, gender, bioethics, Muslim minorities in the West, jihad and terrorism. Previous publications on this topic have approached Islamic law from a variety of disciplinary and pedagogical perspectives. One of the original features of this handbook is that it treats Islamic law as a legal discipline by taking into account the historical functions and processes of legal cultures and the patterns of legal thought. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook of Islamic Law is an essential resource for students and scholars who are interested in the field of Islamic Law.
The Formation of Post-classical Philosophy in Islam

Author: Frank Griffel

Publisher: Oxford University Press

ISBN: 9780190886325

Category: Philosophy

Page: 665

View: 606

In recent decades, scholars have come to recognize the importance of classical Islamic philosophy both in its own right and in its preservation of and engagement with Western philosophical ideas. At the same time, the period immediately following the so-called classical period has often beenseen as a sort of dark age, in which Islamic thought entered a long period of decline. In this monumental new work, Frank Griffel seeks to overturn this conventional wisdom, arguing that what he calls the "post-classical" period has been unjustly maligned and neglected by previous generations ofscholars.The Formation of Post-Classical Philosophy in Islam is a comprehensive study of the far-reaching changes that led to a re-shaping of the philosophical discourse in Islam during the twelfth century. Earlier Western scholars thought that Islam's engagement with the tradition of Greek philosophy endedduring that century. More recent analyses suggest that Islamic thinkers instead integrated Greek thought into the genre of rationalist Muslim theology (kalam). Griffel argues that even this view misses a key point. In addition to the integration of Greek ideas into kalam, Muslim theologians pickedup the discourse of philosophy in Islam (falsafa) and began to produce books on philosophy. Books in these two genres, kalam and philosophy, argue for opposing teachings on the nature of God, the world's creation, and on the afterlife - even when written by the same authors. Griffel explains theemergence of a new genre of philosophical books called "hikma," works that stand opposed to Islamic theology and at the same wish to complement it. Offering a detailed history of philosophy in Iraq, Iran, and Central Asia during the twelfth century, together with an analysis of the way philosophywas practiced during this time, Griffel shows how works of falsafa, written by major Muslim theologians such as al-Ghazali developed step-by-step into critical assessments of philosophy that try to improve philosophical teachings, and eventually become fully fledged philosophical summas in the workof Fakhr al-Din al-Razi. Griffel's examination of the different methods of kalam and hikma demonstrate both the coherence and ambiguity of a Muslim post-classical philosopher's oeuvre.A work of extraordinary breadth and depth, The Formation of Post-Classical Philosophy in Islam will be essential reading for anyone interested in the history of Philosophy or the history of Islam.
A Bibliography of Islamic Criminal Law

Author: Olaf Köndgen

Publisher: BRILL

ISBN: 9789004472785

Category: Law

Page: 467

View: 745

Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
Crime and Punishment in Islamic Law

Author: Mohammad Hashim Kamali

Publisher: Oxford University Press, USA

ISBN: 9780190910648

Category: Philosophy

Page: 465

View: 102

In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.
The Oxford Handbook of Law and Humanities

Author: Simon Stern

Publisher: Oxford University Press

ISBN: 9780190695644

Category: Law

Page: 800

View: 990

How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.
Corpus Juris of Islamic International Criminal Justice

Author: Farhad Malekian

Publisher: Cambridge Scholars Publishing

ISBN: 9781527516939

Category: Law

Page: 769

View: 230

This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.
Inevitable Doubt

Author: Robert Gleave

Publisher: BRILL

ISBN: 9004115951

Category: Religion

Page: 292

View: 708

This book is an analysis of the legal theories of two classical Sh Muslim writers: one an Akhb r, the other an Us li. It provides insight, not only into Islamic jurisprudence, but also the Akhb r -Us li conflict in Twelver Sh sm.
Harmonizing Similarities

Author: Elias G. Saba

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 9783110604399

Category: Religion

Page: 258

View: 759

"Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law.
The Defence of Mistake of Law in International Criminal Law

Author: Antonio Coco

Publisher: Oxford University Press

ISBN: 9780192895745

Category:

Page: 305

View: 575

The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.
Sexual Violation in Islamic Law

Author: Hina Azam

Publisher: Cambridge University Press

ISBN: 9781316300411

Category: History

Page:

View: 850

This book provides a detailed analysis of Islamic juristic writings on the topic of rape and argues that classical Islamic jurisprudence contained nuanced, substantially divergent doctrines of sexual violation as a punishable crime. The work centers on legal discourses of the first six centuries of Islam, the period during which these discourses reached their classical forms, and chronicles the juristic conflict over whether or not to provide monetary compensation to victims. Along with tracing the emergence and development of this conflict over time, Hina Azam explains evidentiary ramifications of each of the two competing positions, which are examined through debates between the Ḥanafī and Mālikī schools of law. This study examines several critical themes in Islamic law, such as the relationship between sexuality and property, the tension between divine rights and personal rights in sex crimes, and justifications of victim's rights afforded by the two competing doctrines.