Toward Our Reformation From Legalism to Value Oriented Islamic Law and Jurisprudence

Author: Mohammad Omar Farooq
Publisher: International Institute of Islamic Thought (IIIT)
ISBN: 9781565643710
Release Date: 2011
Genre: Hadith

It is the author’s contention that at the heart of the Muslim predicament lies ignorance and/or lack of commitment to core Islamic values, thus what is advocated throughout this work is a return to what is termed a “value-oriented” approach. We further learn that with the passage of time what we today consider to be the Shariah is in effect an original hub enveloped in a labyrinthine shroud of scholastic views and deductions hindering Muslim development, and to rely on fraudulent hadith and fallacious implementation of hudud law is not only to betray the spirit of the Qur’an and the Prophet’s message, but a disastrous exercise. Consequences being blatant abuse of the Muslim populace under cover of implementing a bogus Shariah. This abuse and misapplication is explored throughout the work.

Minority Jurisprudence in Islam

Author: Susanne Olsson
Publisher: Bloomsbury Publishing
ISBN: 9780857727992
Release Date: 2016-03-24
Genre: Social Science

According to many Islamic jurists, the world is divided between dar al-Islam (the abode of Islam) and dar al-harb (the abode of war). This dual division of the world has led to a great amount of juridical discussion concerning what makes a territory part of dar al-Islam, what the status of Muslims living outside of this is, and whether they are obliged to obey Islamic jurisprudence. Susanne Olsson examines the differing understandings of dar al-Islam and dar al-harb, as well as related concepts, such as jihad and takfir. She thereby is able to explore how these concepts have been utilised, transformed and negotiated throughout history. As the subject of Muslims living in Europe is such a topical and sometimes controversial one, this book will appeal to researchers of modern Islam as integral to the Western experience.

The Foundation of Norms in Islamic Jurisprudence and Theology

Author: Omar Farahat
Publisher: Cambridge University Press
ISBN: 9781108753197
Release Date: 2019-01-31
Genre: Religion

In this book, Omar Farahat presents a new way of understanding the work of classical Islamic theologians and legal theorists who maintained that divine revelation is necessary for the knowledge of the norms and values of human actions. Through a reconstruction of classical Ashʿarī-Muʿtazilī debates on the nature and implications of divine speech, Farahat argues that the Ashʿarī attachment to revelation was not a purely traditionalist position. Rather, it was a rational philosophical commitment emerging from debates in epistemology and theology. He further argues that the particularity of this model makes its distinctive features helpful for contemporary scholars who defend a form of divine command theory. Farahat's volume thus constitutes a new reading of the issue of reason and revelation in Islam and breaks new ground in Islamic theology, law and ethics.

Theories on Law and Ageing

Author: Israel Doron
Publisher: Springer Science & Business Media
ISBN: 9783540789543
Release Date: 2008-09-25
Genre: Family & Relationships

This book is about trying to answer questions. These questions were well introduced by Prof. Margaret Hall in the opening of her chapter in this book: “The fundamental idea of ‘law and aging’ as a discrete category of legal principle and theory is controversial: how and why are ‘older adults’ or ‘seniors’ or ‘elders’ (the very terminology is controversial and fraught with difficulties) a discrete and distinct group for whom ‘special’ legal thought and treatment is justified? For some, a category of law and aging is inherently paternalistic, suggesting that older persons are, like children, especially in need of the protection of the law. In this sense, the argument continues, the category itself internalizes ageist presumptions about older adults and is therefore inherently flawed and even harmful. If certain older adults are, because of physical or mental infirmities, genuinely in need of an enhanced level of legal protection, this entitlement should be conceptualized in terms of their disability; older adults are not a distinct group but an arbitrarily delineated demographic category which contains within it any number of groups that are legitimately distinct for the purposes of legal theory (the di- bled; women; persons of colour; Aboriginal persons; rich and poor; etc.) Indeed, the arti- cial category of “older adults” may be seen as obfuscating, submerging these more meaningful distinctions.

Kinship law and religion

Author: Shirin Naef
Publisher: Narr Francke Attempto Verlag
ISBN: 9783772056161
Release Date: 2017-05-15
Genre: Philosophy

Since the first IVF birth in 1990, the Iranian medical community has not only given full support to the use and development of assisted reproductive technology but has aided the emergence of a powerful, locally-trained body of medical practitioners and biomedical researchers. At the same time, from a religious point of view, most Shia legal authorities – differences of opinion notwithstanding – have taken a relatively permissive view and generally support assisted reproductive technology, including procedures that involve egg, sperm and embryo donation as well as surrogacy arrangements under certain conditions. An examination of the social, legal and ethical aspects of the development and implementation of these technologies in Iran is the subject of this book. It is based on a combination of extensive ethnographic research and textual analysis of important academic and religious seminary publications in Iran, from Shia jurisprudence (fiqh) and Persian histories to the analysis of laws and verdicts.

American Jurisprudence Trials

Author:
Publisher:
ISBN: STANFORD:36105060615361
Release Date: 1964
Genre: Trial practice

An encyclopedic guide to the modern practices, techniques, and tactics used in preparing and trying cases, with model programs for the handling of all types of litigation.

Islam and Gender

Author: Ziba Mir-Hosseini
Publisher: I.B.Tauris
ISBN: 1850432686
Release Date: 2000
Genre: Muslim women

How can justice for women be achieved in an Islamic society? Through a series of lively interviews with clerics in the Iranian religious centre of Qom, Ziba Mir-Hosseini explores the issue of gender with Islamic jurisprudence and examines how clerics today perpetuate and modify these notions.

Dispensing Justice in Islam

Author: Muḥammad K̲ālid Masud
Publisher: BRILL
ISBN: 9789004140677
Release Date: 2006
Genre: Religion

Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).