Islam: Faith and Practice
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An Introduction to Islamic Law LAWS
An Introduction to Islamic Law LAWS 6518 Tue,Thu 9:00 AM - 10:15 AM WOLF 207 Hamid M. Khan Adjunct Professor, University of Colorado Law School McKenna Long & Aldridge LLP [email protected] [email protected] INTRODUCTION Islamic law, also known as Shariah, is one of the oldest systems of law of the contemporary age. With over 1.5 billion adherents, Islamic law is part of the laws of nearly 60 nations and plays a vital role in the conduct of all Muslims. This course introduces students to the Islamic Law by giving them a firm grounding in the principles, concepts and terminology. We begin by examining the Formative Era of Islamic Law, through its sources and methodologies. Next, we examine the Established Era of the Schools of Law including the differences between Sunni and Shiite Islamic Law. Finally, we examine several substantive areas of Islamic law, including human rights, terrorism, political Islam, women’s rights and rights of religious minorities, criminal law, and finance law and pay special attention to the growing role of fundamentalism in these areas of law. We conclude by examining the relevance of Islam and Islamic Law in today’s world. No previous familiarity with the field is necessary and there are no course prerequisites. GRADING The final grade will be calculated as follows: Attendance & Class Participation: 20% Final Exam: 80% The foregoing class is governed by the Law School’s Honor Code which is predicated on the premise that the study and teaching of law in an academic setting is an integral part of the legal profession. -
Maliki School
Dr. Javed Ahmed Qureshi School of Studies in Law Jiwaji University GWALIOR - 474 011 (MP), INDIA LAW B.A.LL.B. IV-SEM MUSLIM LAW BY Dr. JAVED AHMED QURESHI DATE- 04-04-2020 MALIKI SCHOOL Maliki school is one of the four schools of fiqh or religious law within Sunni Islam. It is the second largest of the four schools, followed by about 25% Muslims, mostly in North Africa and West Africa. This school is not a sect, but a school of jurisprudence. Technically, there is no rivalry or competition between members of different madrasas, and indeed it would not be unusual for followers of all four to be found in randomly chosen American or European mosques. This school derives its name from its founder Imam Malik-bin-Anas. It originates almost to the same period as the Hanafi school but it flourished first in the city of Madina. Additionally, Malik was known to have used ray (personal opinion) and qiyas (analogy). This school is derives from the work of Imam Malik. It differs in different sources from the three other schools of rule which use it for derivation of regimes. All four schools use the Quran as the primary source, followed by Prophet Muhammad's transmitted as hadith (sayings), ijma (consensus of the scholars or Muslims) and Qiyas (analogy).In addition, the School of Maliki uses the practice of the people of Madina (Amal Ahl al-Madina) as a source. While the Hanafi school relies on Ijma (interpretations of jurists), the Maliki school originates from Sunna and Hadis. -
International Journal of Multicultural and Multireligious Understanding (IJMMU) Vol
Comparative Study of Post-Marriage Nationality Of Women in Legal Systems of Different Countries http://ijmmu.com [email protected] International Journal of Multicultural ISSN 2364-5369 Volume 2, Issue 6 and Multireligious Understanding December, 2015 Pages: 41-57 Public Perception on Calligraphic Woodcarving Ornamentations of Mosques; a Comparison between East Coast and Southwest of Peninsula Malaysia Ahmadreza Saberi1; Esmawee Hj Endut1; Sabarinah Sh Ahmad1; Shervin Motamedi2,3; Shahab Kariminia4; Roslan Hashim2,3 1 Faculty of Architecture, Planning and Surveying, Universiti Teknologi MARA, Shah Alam, 40450, Malaysia Email: [email protected] 2 Department of Civil Engineering, Faculty of Engineering, University of Malaya, 50603, Kuala Lumpur, Malaysia 3 Institute of Ocean and Earth Sciences (IOES), University of Malaya, 50603, Kuala Lumpur, Malaysia 4 Department of Architecture, Faculty of Art, Architecture and Urban Planning, Najafabad Branch, Islamic Azad University, Najafabad, Isfahan, Iran Abstract Woodcarving ornamentation is considered as, a national heritage and can be found in many Malaysian mosques. Woodcarvings are mostly displayed in three different motifs, namely floral, geometry and calligraphy. The application of floral and geometry motifs is to convey an abstract meaning of Islamic teachings to the viewers. However, the calligraphic decorations directly express the messages of Allah almighty or the sayings of the prophets to the congregations. Muslims are the main users of mosques as these are places for prayers as well as other religious and community activities. Therefore, the assessment of users’ opinion about this type of decoration needs to be investigated. This paper aims to evaluate the perception of two groups of mosque users on the calligraphic woodcarving ornamentations from two regions, namely the East Coast and Southwest of Peninsula Malaysia. -
Who-Wants-The-Caliphate.Pdf
2 | Who Wants the Caliphate? Author Biography Dr. Ovamir Anjum is Imam Khattab Endowed Chair of Islamic Studies at the Department of Philosophy and Religious Studies, University of Toledo. He obtained his Ph.D. in Islamic history in the Department of History, University of Wisconsin-Madison. His work focuses on the nexus of theology, ethics, politics and law in Islam, with comparative interest in Western thought. His interests are united by a common theoretical focus on epistemology or views of intellect/reason in various domains of Islamic thought, ranging from politics (siyasa), law (fiqh), theology (kalam), falsafa (Islamic philosophy) and spirituality (Sufism, mysticism, and asceticism). Author of Politics, Law and Community in Islamic Thought: The Taymiyyan Moment (Cambridge University Press, 2012), Dr. Anjum has also translated a popular Islamic spiritual and theological classic, Madarij al-Salikin (Ranks of Divine Seekers) by Ibn al-Qayyim (d. 1351); the first two volumes to be published by Brill later this year. His current projects include a multi-volume survey of Islamic history and a monograph on Islamic political thought. Disclaimer: The views, opinions, findings, and conclusions expressed in these papers and articles are strictly those of the authors. Furthermore, Yaqeen does not endorse any of the personal views of the authors on any platform. Our team is diverse on all fronts, allowing for constant, enriching dialogue that helps us produce high-quality research. Copyright © 2019. Yaqeen Institute for Islamic Research 3 | Who Wants the Caliphate? Editor’s Note This publication was scheduled for release before the news of the death of ISIS leader Abu Bakr Al-Baghdadi. -
A Comparative Study of Both Islamic Law and Common Law Systems Rahma Hersi LL.M
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Cornell Law Library Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law School Inter-University Graduate Conferences, Lectures, and Workshops Student Conference Papers 4-14-2009 A Value Oriented Legal Theory for Muslim Countries in the 21st Century: A Comparative Study of Both Islamic Law and Common Law Systems Rahma Hersi LL.M. Graduate, Indiana University School of Law Follow this and additional works at: http://scholarship.law.cornell.edu/lps_clacp Part of the Religion Commons Recommended Citation Hersi, Rahma, "A Value Oriented Legal Theory for Muslim Countries in the 21st Century: A Comparative Study of Both Islamic Law and Common Law Systems" (2009). Cornell Law School Inter-University Graduate Student Conference Papers. Paper 29. http://scholarship.law.cornell.edu/lps_clacp/29 This Article is brought to you for free and open access by the Conferences, Lectures, and Workshops at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law School Inter-University Graduate Student Conference Papers by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. A VALUE ORIENTED LEGAL THEORY FOR MUSLIM COUNTRIES IN THE 21ST CENTURY. A COMPARATIVE STUDY OF BOTH ISLAMIC LAW AND COMMON LAW SYSTEMS. Submitted by: Rahma Hersi LLM Graduate; International Comparative Law Track, Indiana University School of Law TABLE OF CONTENTS Introduction 1 Sources of Law in the Islamic Legal Tradition…………………. 3 2:1 Agreed Upon Sources& Disputed Sources……………………… 2 2.2 What if Jurist doesn’t find the Law in a given Source…………..4 2:3 Istihsan is it accepted by all Schools in Islam……………………5 3. -
The Strategic Landscape: Avoiding Future Generations of Violent Extremists by Kathleen Meilahn
The Strategic Landscape: Avoiding Future Generations of Violent Extremists by Kathleen Meilahn Strategic Insights is a bi-monthly electronic journal produced by the Center for Contemporary Conflict at the Naval Postgraduate School in Monterey, California. The views expressed here are those of the author(s) and do not necessarily represent the views of NPS, the Department of Defense, or the U.S. Government. Introduction This article addresses the global environment, with a specific focus on U.S. Central Command’s (USCENTCOM’s) Area of Operations (AOR), and it contemplates the question: How can we avoid losing the next generation to Violent Extremists (VE)? It focuses on Islamic VEs, both Sunni and Shi’ia, addresses the Human Terrain and seeks to identify individual’s personal motivations. This article does not state official USCENTCOM policy or opinions. Today, the United States’ primary national security challenge centers around a problem that, should we “get it wrong,” will have transcendent implications. Terrorism and violence have plagued humankind throughout history, but now the world finds itself at yet another critical juncture. The terror challenge is the nexus of a multiplicity of issues that lead toward it, like the spokes on a wheel lead from the rim to the hub. Alternatively, terrorist vision can inform a multiplicity of issues and lead outward toward the rim, out to where the rubber meets the road. In contrast to ongoing efforts to understand the enemy’s extremist theological ideology, there has been less energy devoted to understanding the radicalization process or to understand what leads individuals to become radicalized and act out in violence or terror, or to understand the impact of U.S. -
The Existence of Maslahah Mursalah As the Basis of Islamic Law Development in Indonesia
Jurnal Krtha Bhayangkara, Volume 13 Nomor 2, Desember 2019 THE EXISTENCE OF MASLAHAH MURSALAH AS THE BASIS OF ISLAMIC LAW DEVELOPMENT IN INDONESIA Adi Nur Rohman Fakultas Hukum, Universitas Bhayangkara Jakarta Raya [email protected] Naskah diterima: Revisi: Naskah disetujui: 2/09/2019 22/09/2019 4/10/2019 Abstrak Makalah ini bertujuan untuk menganalisis konsepsi maslahah dalam wacana perkembangan hukum Islam. Selanjutnya, makalah ini menguraikan keberadaan masalah dan melihat lebih dalam ke dalam implementasi masalah sebagai dasar untuk pengembangan hukum Islam di Indonesia. Makalah ini adalah yuridis normatif menggunakan pendekatan doktrinal. Pada akhirnya, dapat disimpulkan bahwa konsepsi maslahah adalah metode penggalian hukum Islam yang didasarkan pada aspek manfaat dan kebaikan bagi manusia selama tidak bertentangan dengan norma syariah Islam. Selain itu, implementasi masalah sebagai dasar untuk penemuan hukum Islam di Indonesia tidak dapat disangkal. Hal ini dapat dilihat dari daruratnya undang-undang atau peraturan di bawahnya yang mengatur berbagai aspek hukum Islam di Indonesia dalam menanggapi masalah kehidupan masyarakat sebagai dampak dari zaman dan teknologi. Kata Kunci: eksistensi, maslahah mursalah, hukum Islam. Abstract This paper aims to analyze the conception of maslahah in the discourse of the development of Islamic law. Furthermore, this paper elaborates the existence of maslahah mursalah and looks deeper into the implementation of maslahah as a basis for the development of Islamic law in Indonesia. This paper is normative juridical using a doctrinal approach. In the end, it can be concluded that the conception of maslahah is a method of extracting Islamic law which is based on aspects of benefit and goodness for humans as long as it does not conflict with Islamic sharia norms. -
Can Islam Accommodate Homosexual Acts? Qur'anic Revisionism And
ajiss34-3-july4_ajiss 7/21/2017 11:32 AM Page 45 Can Islam Accommodate Homosexual Acts? Qur’anic Revisionism and the Case of Scott Kugle Mobeen Vaid Abstract Reformist authors in the West, most notably Scott Kugle, have called Islam’s prohibition of liwāṭ (sodomy) and other same-sex be - havior into question. Kugle’s “Sexuality, Diversity, and Ethics in the Agenda of Progressive Muslims” ( Progressive Muslims : 2003) and Homosexuality in Islam (2010) serve as the scholarly center for those who advocate sanctioning same-sex acts. Kugle traces the heritage of the Lot narrative’s exegesis to al-Tabari (d. 310/923), which, he contends, later exegetes came to regard as theologically axiomatic and thus beyond question. This study argues that Kugle’s critical methodological inconsistencies, misreading and misrepre - sentation of al-Tabari’s and other traditional works, as well as the anachronistic transposition of modern categories onto the classical sources, completely undermine his argument. Introduction Islam, like other major world religions (with the very recent exception of certain liberal denominations in the West), categorically prohibits all forms of same- sex erotic behavior. 1 Scholars have differed over questions of how particular homosexual acts should be technically categorized and/or punished, but they Mobeen Vaid (M.A. Islamic studies, Hartford Seminary) is a Muslim public intellectual and writer. A regular contributor to muslimmatters.org, his writings center on how traditional Islamic norms and frames of thinking intersect the modern world. As of late, he has focused on Islamic sexual and gender norms. Vaid also speaks at confessional conferences, serves as an advisor to Muslim college students, and was campus minister for the Muslim community while a student at George Mason University. -
The Alawite Dilemma in Homs Survival, Solidarity and the Making of a Community
STUDY The Alawite Dilemma in Homs Survival, Solidarity and the Making of a Community AZIZ NAKKASH March 2013 n There are many ways of understanding Alawite identity in Syria. Geography and regionalism are critical to an individual’s experience of being Alawite. n The notion of an »Alawite community« identified as such by its own members has increased with the crisis which started in March 2011, and the growth of this self- identification has been the result of or in reaction to the conflict. n Using its security apparatus, the regime has implicated the Alawites of Homs in the conflict through aggressive militarization of the community. n The Alawite community from the Homs area does not perceive itself as being well- connected to the regime, but rather fears for its survival. AZIZ NAKKASH | THE ALAWITE DILEMMA IN HOMS Contents 1. Introduction ...........................................................1 2. Army, Paramilitary Forces, and the Alawite Community in Homs ...............3 2.1 Ambitions and Economic Motivations ......................................3 2.2 Vulnerability and Defending the Regime for the Sake of Survival ..................3 2.3 The Alawite Dilemma ..................................................6 2.4 Regime Militias .......................................................8 2.5 From Popular Committees to Paramilitaries ..................................9 2.6 Shabiha Organization ..................................................9 2.7 Shabiha Talk ........................................................10 2.8 The -
Qisas Contribution to the Theory of Ghaybah in Twelver Shı
− QisasAA Contribution to the Theory of Ghaybah in Twelver Shı‘ism QisasAA Contribution to the Theory of Ghaybah in Twelver Shı‘ism− Kyoko YOSHIDA* In this paper, I analyze the role of qisasAA (narrative stories) materials, which are often incorporated into the Twelver Shı‘ite− theological discussions, by focusing mainly on the stories of the al-KhidrA (or al- Khadir)A legend in the tenth and the eleventh century ghaybah discussions. The goal is to demonstrate the essential function that the narrative elements have performed in argumentations of the Twelver Shı‘ite− theory of Imam. The importance of qisasAA materials in promulgating the doctrine of Imamah− in the Twelver Shı‘ism− tended to be underestimated in the previous studies because of the mythical and legendary representations of qisasAA materials. My analysis makes clear that qisasAA materials do not only illustrate events in the sacred history, but also open possibilities for the miraculous affairs to happen in the actual world. In this sense, qisasAA materials have been utilized as a useful element for the doctrinal argumentations in the Twelver Shı‘ism.− − Keywords: stories, al-Khidr,A occultation, Ibn Babawayh, longevity Introduction In this paper, I analyze how qisasAA traditions have been utilized in the promulgation of Twelver Shı‘ite− doctrine. The term qisasAA (sing. qissah AA ) means narrative stories addressed in the Qur’an− principally. However, it also includes the orated and elaborated tales and legends based on storytelling that flourished in the early Umayyad era (Norris 1983, 247). Their contents vary: archaic traditions spread in the pre-Islamic Arab world, patriarchal stories from Biblical and Jewish sources, and Islamized sayings and maxims of the sages and the ascetics of the day.1 In spite of a variety of the different sources and origins, Muslim faith has accepted these stories as long as they could support and advocate the Qur’anic− *Specially Appointed Researcher of Global COE Program “Development and Systematization of Death and Life Studies,” University of Tokyo Vol. -
Turkomans Between Two Empires
TURKOMANS BETWEEN TWO EMPIRES: THE ORIGINS OF THE QIZILBASH IDENTITY IN ANATOLIA (1447-1514) A Ph.D. Dissertation by RIZA YILDIRIM Department of History Bilkent University Ankara February 2008 To Sufis of Lāhijan TURKOMANS BETWEEN TWO EMPIRES: THE ORIGINS OF THE QIZILBASH IDENTITY IN ANATOLIA (1447-1514) The Institute of Economics and Social Sciences of Bilkent University by RIZA YILDIRIM In Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY in THE DEPARTMENT OF HISTORY BILKENT UNIVERSITY ANKARA February 2008 I certify that I have read this thesis and have found that it is fully adequate, in scope and in quality, as a thesis for the degree of Doctor of Philosophy in History. …………………….. Assist. Prof. Oktay Özel Supervisor I certify that I have read this thesis and have found that it is fully adequate, in scope and in quality, as a thesis for the degree of Doctor of Philosophy in History. …………………….. Prof. Dr. Halil Đnalcık Examining Committee Member I certify that I have read this thesis and have found that it is fully adequate, in scope and in quality, as a thesis for the degree of Doctor of Philosophy in History. …………………….. Prof. Dr. Ahmet Yaşar Ocak Examining Committee Member I certify that I have read this thesis and have found that it is fully adequate, in scope and in quality, as a thesis for the degree of Doctor of Philosophy in History. …………………….. Assist. Prof. Evgeni Radushev Examining Committee Member I certify that I have read this thesis and have found that it is fully adequate, in scope and in quality, as a thesis for the degree of Doctor of Philosophy in History. -
The Sources of Islamic Revolutionary Conduct
Joint Military Intelligence College LAMBERT Y Y The Sources of Islamic Revolutionary Conduct TEL IN LIG Y E R N A C T E I L C I O M L L T E N G I E O J 1962 Major Stephen P. Lambert U.S. Air Force TEL IN LIG Y E R N A C ISBN 1-932946-02-0 T E PCN 56747 I L C I O M L L T E N G I E O J 1962 The Joint Military Intelligence College supports and encourages research on intelligence issues that distills lessons and improves Intelligence Community capabilities for policy-level and operational consumers Y: The Sources of Islamic Revolutionary Conduct, Major Stephen P. Lambert, U.S. Air Force This product has been reviewed by senior experts from academia and government, and has been approved for unrestricted distribution by the Directorate for Freedom of Information and Security Review, Washington Headquarters Services. It is available to the public through the National Technical Information Service (www.ntis.gov). The author has also arranged for publication of this study through the Hoover Institution at Stanford University. The projected publication date is 2005. The Hoover Institution book includes commentar- ies on Major Lambert’s work by an even greater variety of scholars than included in the present book. [email protected], Editor and Director Center for Strategic Intelligence Research Library of Congress Control Number 2004114330 ISBN 1-932946-02-0 Y The Sources of Islamic Revolutionary Conduct Major Stephen P. Lambert, U.S. Air Force Research Fellow In g ic t e e g ll t ii a g e r n tt c SS c ee rr R R o o e e f f s s e e r r a a e e t r t r n c n Joint Military c e h e h C Intelligence College C WASHINGTON, DC April 2005 With the cooperation and support of the Institute for National Security Studies (INSS) USAF Academy, Colorado Springs The views expressed in this book are those of the author and do not reflect the official policy or position of the Department of Defense or the U.S.