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Child Custody in Classical Islamic Law and Laws of Contemporary Muslim World (An Analysis)
International Journal of Humanities and Social Science Vol. 4 No. 5; March 2014 Child Custody in Classical Islamic Law and Laws of Contemporary Muslim World (An Analysis) Aayesha Rafiq Assistant Professor Fatima Jinnah Women University Pakistan; Formerly Research Scholar at University of California Los Angeles. Abstract This article attempts to deliberate on the child custody laws in classical Islamic texts and the contemporary Muslim World with special focus on development of child custody laws in Pakistan. For classical Islamic law, the article refers to the laws as stated in the compendiums of fiqh of sunni and shi’ i schools of thought as well as decisions of Prophet Mohammad (PBUH) his companions and leading Muslim jurists. For the purpose of this study, contemporary Muslim world is divided into Muslim majority regions of Central Asia and Caucasus, South Asia, Southeast Asia, North Africa, South Africa, West Africa, Horn of Africa and Middle East. A thorough analysis of customary practices, personal status laws and trends of courts in these Muslim majority regions is carried out. Effort is made to bring out similarities, differences and developments in child custody laws in contemporary Muslim world. The article is delimited to the discussion on child custody in cases of divorce, judicial separation or dissolution of marriage only. In the end it is suggested that uniform laws can be formulated for the entire Muslim world, in the light of Islamic principles and contemporary practices of the Muslim world. Keywords: child custody, Islamic law, fiqh, shariah, contemporary laws, divorce. 1. Introduction Cases of child custody fall under muamlat in compendiums of Islamic Fiqh. -
New and Bestselling Titles Sociology 2016-2017
New and Bestselling titles Sociology 2016-2017 www.sagepub.in Sociology | 2016-17 Seconds with Alice W Clark How is this book helpful for young women of Any memorable experience that you hadhadw whilehile rural areas with career aspirations? writing this book? Many rural families are now keeping their girls Becoming part of the Women’s Studies program in school longer, and this book encourages at Allahabad University; sharing in the colourful page 27A these families to see real benefit for themselves student and faculty life of SNDT University in supporting career development for their in Mumbai; living in Vadodara again after daughters. It contributes in this way by many years, enjoying friends and colleagues; identifying the individual roles that can be played reconnecting with friendships made in by supportive fathers and mothers, even those Bangalore. Being given entrée to lively students with very little education themselves. by professors who cared greatly about them. Being treated wonderfully by my interviewees. What facets of this book bring-in international Any particular advice that you would like to readership? share with young women aiming for a successful Views of women’s striving for self-identity career? through professionalism; the factors motivating For women not yet in college: Find supporters and encouraging them or setting barriers to their in your family to help argue your case to those accomplishments. who aren’t so supportive. Often it’s submissive Upward trends in women’s education, the and dutiful mothers who need a prompt from narrowing of the gender gap, and the effects a relative with a broader viewpoint. -
Post-Colonial Discourse on Siyasah in Islamic
Article Kardan Journal of Law Post-Colonial Discourse on 1 (1) 112–130 Siyasah in Islamic Criminal Law ©2019 Kardan University Kardan Publications Kabul, Afghanistan https://kardan.edu.af/Research/kar Muhammad Mushtaq Ahmad dan_journal_of_law.aspx Abstract In the post-colonial discourse on Islamic criminal law, more often than not the right of Allah has been deemed synonymous to public right and, thus, the doctrine of siyasah as expounded by the Hanafi School has been generally misunderstood. Resultantly, the whole edifice of criminal justice system as developed by Muslim jurists has been turned upside down. One of the reasons for this development is that in the post-colonial discourse, scholars have generally ignored the proper legal manuals, particularly those of the Hanafi School, and have instead focused on works of general political theory. Another reason is that scholars have found it convenient to mix-up the views of the various schools. This paper critically examines this general trend and, then, elaborates the position of the Hanafi School with the help of the work of Imran Ahsan Khan Nyazee, a renowned jurist, who expounded the Hanafi doctrine of siyasah in detail and explained its peculiar nature. Nyazee’s work shows that the Hanafi doctrine of siyasah, if applied properly, can provide better solution to many complicated issues of criminal justice system in the modern world. Keywords: Islamic Criminal Law, Siyasah, Classification of Rights Dr. Muhammad Mushtaq Ahmad is Associate Professor and Director-General, Shariah Academy, International Islamic University, Islamabad, Pakistan. 112 Ahmad (2019) Introduction “Siyasah is a strict law (shar‘ mughallaz)”, says ‘Ala’ al‐Din Abu ’l‐Hasan ‘Ali b. -
The Representation of the People (Amendment) Bill, 1958
O B . 0 1) No. a LOK SABHA THE REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL, 1958 (Report of the Select Committee) Presented on the 15th December, 1958 .LOK SABHA SECRETARIAT NEW DELHI ' December> 19S8 Price Rc. o* 50 CON TEN T S PAOBt 1. Composition of the Select Committee . _ . • „ i-ii 2. Report of the Select Committee . ...» iii-i? S. Minute* of D fo sen t .................................................. * ". ▼—xi? 4. Bill as amended by the Select Committee . • . • • *1—f A ppb nd ix I— Motion in Lok Sabha tor reference of the Bill to Select Committee . 11-12 A ppe n d ix I I — Minutes of the Sittings of the Select Committee . .13—19 1571—B. LS—x THE REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL, 1958 '• 1.1 Composition of the Select Committe* : 1. Shri Upendranath Barman—Chairman. 2. Shri N. G. Ranga \. 3. Shri Dwarika Nath Tewari 4. Shri P. C. Bose 5. Shri Ghanshyamlal Oza 6. Shri V. Eacharan 7. Shri Radha Charan Sharma 8. Shri Jaganatha Rao 9. Shri S. A. Agadi 10. Shri Hem Raj 11. Shri Panna Lai Barupal 12. Shri C. D. Pande 13. Shri Jamal Khwaja 14. Dr. Ram Goti Banerji 15. Shrimati Sucheta Kripalani 16. Shri A. M. Tariq 17. Shri Padam Dev 18. Shri Shree Narayan Das 19. Shri Venketrao Sriniwasrao Naldurgker 20. Shri Sunder Lai 21. Shri V. P. Nayar 22. Shri S. Easwara Iyer 23. Shri Yadav Narayan Jadhav 24. Shri Bibhuti Bhushan Das Gupta 25. Shri M. R. Masani 26. Shri B. C. Kamble 27. Shr> Atal Bihari Vajpayee 28. -
Islamic Perspective of Human Resource Management: Some Salient Features Shah Khan ∗
Islamic Perspective of Human Resource Management: Some Salient Features Shah Khan ∗ Abstract Islam integrates spiritual and material progress. It also integrates individual and collective growth and well being. It combines this world with the hereafter. It aims at developing all these aspects simultaneously. No aspect of the human being is allowed to develop unduly or at the cost of others. It combines its laws of (Ad’l) and spiritual morality (Ihsaan and Taqwa). In the national context, the Islamic principles of HRM can prove to be useful in dealing with the problems of in-efficiency, mis-use of authority in national institutions, myriad social divides afflicting the nation at large, which stem primarily from the HRM related challenges faced by these institutions and the nation. Application of Islamic HRM principles can significantly help in overcoming crisis in training, leadership, essential professional skills, knowledge and attitudes required for productive careers and useful role in society. In the international context also, these principles & practices can help tackle the challenges arising from increasing Muslim population across the globe in the realm of cultural gaps, diversity & leadership issues and managing effectively the increasing number of Muslim employees in the multi-national and multi-cultural organizations. The Islamic HRM practices are based on ethical values, trust and voluntary motivation, and consider employees more than mere resources as the modern practices do and thus focus more on HRD than HRM. Islamic training -
Current Awareness Bulletin
No. 2 February 2007 Current Awareness Bulletin Centre for Women’s Development Studies 25, Bhai Vir Singh Marg (Gole Market), New Delhi-110001, India. Ph.: 011-23345530, 23366931, 23365541 Fax: 91-23346044 E-mail: [email protected] | URL: www.cwds.org/library/library.htm CONTENTS Section – 1: Journals/ Periodicals/ Newsletters Articles Banking...............................................................................001 Book Reviews.....................................................................002-015 Child Abuse........................................................................016 Child Labour.......................................................................017-018 Children ..............................................................................019-020 Education............................................................................021 Employment .......................................................................022 Feminism............................................................................023-024 Gender Studies ...................................................................025 Infanticide...........................................................................026-031 Library and Information Science........................................032 Migration............................................................................033 Narratives ...........................................................................034 Nationalism ........................................................................035 -
2. CONCEPT of GOOD and BAD, Abdul Rauf
Concept of Good and Evil: Views of Amin Ahsan Islahi Abdul Rauf ∗ Sarfraz H. Ansari ∗∗ Abstract Human beings are born with the intrinsic sense of good and evil, and if the knowledge of good and evil is inherent in man, then why do men commit evil deeds, and what makes an act good or evil. These are the questions that remain a focus in all human scholarship. A contemporary Muslim scholar, Amin Ahsan Islahi, provides views on the good and evil which do not differ drastically from those of other Muslim scholars, but with an emphasis on human norms that may set him apart from them. His views are based mainly on the exegetic principles of nazm as found in the Qur’an, and he leaves little space for the role of external sources in reaching his conclusions, human intellect excepted. Islahi credited good as being innate in human beings, and blames evil actions on certain unavoidable human weaknesses that are mentioned in the Holy Qur’an. However, God also has provided guidance about how to overcome these weaknesses by means of revelation, and through the invisible critic, or conscience, found in human beings. ∗ Professor, Department of Political Science, University of Peshawar, Peshawar. ∗∗ Assistant Professor, Department of Government and Public Policy, Faculty of Contemporary Studies, National Defence University, Islamabad. 18 Pakistan Journal of History and Culture, Vol.XXXIV, No.I, 2013 Introduction Allah made man unique as compared to all other creatures. Human actions are shaped by their thoughts in the sphere of ethics and morality. Since the ancient Greeks, philosophers and intellectuals have endeavoured to define what is good and what is evil. -
Gulshan Zubair Under the Supervision of Dr. Parwez Nazir
ROLE OF MUHAMMADAN EDUCATIONAL CONFERENCE IN THE EDUCATIONAL AND CULTURAL UPLIFTMENT OF INDIAN MUSLIMS ABSTRACT OF THE THESIS Submitted for the Award of the Degree of Doctor of Philosophy In History by Gulshan Zubair Under the Supervision of Dr. Parwez Nazir Center of Advanced Study Department of History ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 2015 ABSTARACT Since the beginning of the 19th century the East India Company had acquired some provinces and had laid down a well planned system of education which was unacceptable to the Muslims. For its being modern and progressive Dr. W.W. Hunter in his book ‘Indian Musalmans’ accepted that the newly introduced system of education opposed the conditions and patterns prevalent in the Muslim Community. It did not suit to the general Muslim masses and there was a hatred among its members. The Muslims did not cooperate with the British and kept them aloof from the Western Education. Muslim community also felt that the education of the Christian which was taught in the Government school would convert them to Christianity. This was also a period of transition from medievalism to modernism in the history of the Indian Muslims. Sir Syed was quick to realize the Muslims degeneration and initiated a movement for the intellectual and cultural regeneration of the Muslim society. The Aligarh Movement marked a beginning of the new era, the era of renaissance. It was not merely an educational movement but an all pervading movement covering the entire extent of social and cultural life. The All India Muslim Educational conference (AIMEC) is a mile stone in the journey of Aligarh Movement and the Indian Muslims towards their educational and cultural development. -
Defining Shariʿa the Politics of Islamic Judicial Review by Shoaib
Defining Shariʿa The Politics of Islamic Judicial Review By Shoaib A. Ghias A dissertation submitted in partial satisfaction of the Requirements for the degree of Doctor of Philosophy in Jurisprudence and Social Policy in the Graduate Division of the University of California, Berkeley Committee in Charge: Professor Malcolm M. Feeley, Chair Professor Martin M. Shapiro Professor Asad Q. Ahmed Summer 2015 Defining Shariʿa The Politics of Islamic Judicial Review © 2015 By Shoaib A. Ghias Abstract Defining Shariʿa: The Politics of Islamic Judicial Review by Shoaib A. Ghias Doctor of Philosophy in Jurisprudence and Social Policy University of California, Berkeley Professor Malcolm M. Feeley, Chair Since the Islamic resurgence of the 1970s, many Muslim postcolonial countries have established and empowered constitutional courts to declare laws conflicting with shariʿa as unconstitutional. The central question explored in this dissertation is whether and to what extent constitutional doctrine developed in shariʿa review is contingent on the ruling regime or represents lasting trends in interpretations of shariʿa. Using the case of Pakistan, this dissertation contends that the long-term discursive trends in shariʿa are determined in the religio-political space and only reflected in state law through the interaction of shariʿa politics, regime politics, and judicial politics. The research is based on materials gathered during fieldwork in Pakistan and datasets of Federal Shariat Court and Supreme Court cases and judges. In particular, the dissertation offers a political-institutional framework to study shariʿa review in a British postcolonial court system through exploring the role of professional and scholar judges, the discretion of the chief justice, the system of judicial appointments and tenure, and the political structure of appeal that combine to make courts agents of the political regime. -
A STUDY of FIQH LITERATURE in URDU Since 1857 AD
A STUDY OF FIQH LITERATURE IN URDU Since 1857 A.D. DISSERTATION SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF iWafiter of ^Ijiloiopl^p IN Mamit ^tuhiti #(^:fl jn i^yiixowicf BY l\A >\ ZIAUDDIN C C( I UNDER THE SUPERVISION OF Dr. ZAFARUL ISLAM {READER) DEPARTMENT OF ISLAMIC STUDIES ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 1996 DS2924 ^v^^.^^^ ''''y^'^^^. DEDICATED TO MY PARENTS CONTENTS PREFACE 1-IV INTRODUCTION 1-10 CHAPTER-I : DEVELOPMENT OF FIQH LITERATURE 11-2 5 IN THE SUB-CONTINENT CHAPTER-II : TRANSLATION OF ARABIC, PERSIAN AND 26-43 ENGLISH WORKS CHAPTER-III • ORIGINAL WORKS 44-125 CHAPTER-IV . BRIEF INTRODUCTION TO THE IMPORTANT 126-180 WORKS BIBLIOGRAPHY 181-184 GLOSSARY I-VIII (I) PREFACE Selection of topic for my dissertation was guided by many factors and considerations. Among them, the foremost was the idea that a comprehensive bibliographical dictionary of fiqh literature in India in the recent times should be prepared for it would not only be helpful in providing an indicator of the intellectual potential of the Muslim Intelligenstia of the Indo-Pak subcontinent, but also a guide to the young and experienced researchers alike for the location of the relevant material. The study of nature of survey, and as such does not warrant or pre-suppose a critical or analytical examination of the Urdu Fiqh literature in India. Nevertheless, it provides an insight into the juridical mind of muslim India, besides opening a window to the academic awakening of the Muslim Ulama and Fuqaha of the country. It is presented with the hope that some serious scholars would utilize the accumulated information for deeper studies on the subject, apart from enriching it from bibliographical point of view. -
Islamist Politics in South Asia After the Arab Spring: Parties and Their Proxies Working With—And Against—The State
RETHINKING POLITICAL ISLAM SERIES August 2015 Islamist politics in South Asia after the Arab Spring: Parties and their proxies working with—and against—the state WORKING PAPER Matthew J. Nelson SUMMARY: Mainstream Islamist parties in Pakistan such as the Jama’at-e Islami and the Jamiat-e-Ulema-e-Islam have demonstrated a tendency to combine the gradualism of Brotherhood-style electoral politics with dawa (missionary) activities and, at times, support for proxy militancy. As a result, Pakistani Islamists wield significant ideological influence in Pakistan, even as their electoral success remains limited. About this Series: The Rethinking Political Islam series is an innovative effort to understand how the developments following the Arab uprisings have shaped—and in some cases altered—the strategies, agendas, and self-conceptions of Islamist movements throughout the Muslim world. The project engages scholars of political Islam through in-depth research and dialogue to provide a systematic, cross-country comparison of the trajectory of political Islam in 12 key countries: Egypt, Tunisia, Morocco, Kuwait, Saudi Arabia, Yemen, Syria, Jordan, Libya, Pakistan, as well as Malaysia and Indonesia. This is accomplished through three stages: A working paper for each country, produced by an author who has conducted on-the-ground research and engaged with the relevant Islamist actors. A reaction paper in which authors reflect on and respond to the other country cases. A final paper incorporating the insights gleaned from the months of dialogue and discussion. The Brookings Institution is a nonprofit organization devoted to independent research and policy solutions. Its mission is to conduct high-quality, independent research and, based on that research, to provide innovative, practical recommendations for policymakers and the public. -
A Critical Study of Mutahhari's Writings on Karl Marx
A CRITICAL STUDY OF MUTAHHARI'S WRITINGS ON KARL MARX DISSERTATION SUBMITTED FOR THE DEGREE OF M. PHIL. TO THE ALIGARH MUSLIM UNIVERSITY BY ALI NAGHI BAGHERSHAHI UNDER THE SUPERVISION OF Prof. Sayyid Waheed Akhtar DEPARTMENT OF PHILOSOPHY ALIGARH MUSLIM UNIVERSITY ALIGARH September 1987 i 3 SEF im ute« ^ Coit^P fd^ CHBCKEP 200Z DS1210 ALIGARH MUSLIM UNIVERSITY DEPARTMENT OF PHILOSOPHY Professor and Head of the Department Aligarh/. .yrd ;>io-t«nite. «r 87 This is to certify that Mr. Ali Naghi Bagher Shahi has worked under my supervision for his dissertation on "A Critical Study of Mutahhari's Writings on Karl Marx". He studied all the works of Mutahhari and the relevant literature. It was a pleasant revelation to me that his knowledge of Marxian philoso phy as well as his insight into contemporary Muslim Socio political thought was quite comprehensive. I hope that this dissertation will open new-avenues to the study of recent Iranian philosophy, ,• '- ." The dissertation, in my view, is'fit for submission for the award of M.Phil degrfeelof. Alig'arh Muslim University, Aligarh. I certify further that the entire work is his own. (Pr«f. S. vV heed Akhtar) <- Ita:, ,1,(11, Lhpurnncni of Fhiloso{shy 4. AT. a, ALJe'ARH 9=Q=0=S=S=1=§ Sigg^ig' CHAPTER (A), Mutahhari's Life and Times, 01 (B) Materialism: A Challenge to XSJLcuIl* •••• «••• •••• ••• 16 (C) His Works and Their Thrust: An Attempt to Reconstruct Islamic Ideology. • • • • • « 24 CHAPTER II Marxism as Elaborated by Mutahhari. (A). Dialectics 43 (B). Materialist Metaphysics .... 55 (C). Historical Materialism ...