Download PDF (77.3
Total Page：16
File Type：pdf, Size：1020Kb
Load more
Recommended publications
-
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. -
Women and Islamic Law Christie S
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2008 Lifting the Veil: Women and Islamic Law Christie S. Warren William & Mary Law School, [email protected] Repository Citation Warren, Christie S., "Lifting the Veil: Women and Islamic Law" (2008). Faculty Publications. 99. https://scholarship.law.wm.edu/facpubs/99 Copyright c 2008 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs LIFTING THE VEIL: WOMEN AND ISLAMIC LAW CHRISTIES. WARREN * "Treat your women well and be kind to them for they are your partners and committed helpers." From the Farewell Address of the Holy Prophet Muhammad1 I. INTRODUCTION By the end of February 632 and at the age of sixty-three, the Prophet Muhammad believed that his days on earth were coming to an end.2 He announced to his followers that he would lead the hajj, the annual pilgrimage to Mecca, himself that year.3 On March 3, the Prophet delivered his farewell sermon near Mount Arafat.4 Among the limited number of topics he chose to include in his last public speech, he encouraged his followers to deal justly with one another and treat women well. 5 In the modem era, the rights of women under Islamic law have come under heightened scrutiny. Some commentators find the Prophet's farewell speech to be inconsistent with the way women are treated in some areas of the Muslim world. In Saudi Arabia, for example, women may neither drive nor vote. -
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 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. -
Muslim Family Laws (Musawah)
KNOWLEDGE BUILDING BRIEFS — 02 MUSLIM FAMILY What Makes Reform LAWS: Possible? As human affairs change and Reform is often resisted on the grounds that Muslim family laws are evolve, laws and social norms divine and thus not open to change. Yet in reality change and reform that shape family relations also have been inherent in Muslim legal tradition. Islamic legal theory is need to be adjusted and refined rich with concepts and tools that have been continually used in the past and that can pave the way for family laws that are more in line to reflect these changes. Most with contemporary Muslim realities, as well as with modern notions contemporary Muslim family of justice which, in the course of the twentieth century, have come laws are based on a centuries- to include gender equality. old juristic (fiqh) framework Usul al-fiqh (principles of that no longer responds to jurisprudence) is the ethico-legal contemporary Muslim realities. LAW REFORM methodology developed during the Law reform is one method for formative period of Islamic thought addressing social and economic (from the death of the Prophet in 632 changes and making our legal to 950 CE) for extracting laws from systems compatible with the Islam’s sacred sources. actual needs of individuals and Here are brief explanations of some key concepts in this methodology families today. and how they can be used as tools for reform. Shari‘ah is the totality of religious values that God revealed to the Shari‘ah Prophet Muhammad (pbuh) to guide human beings to truth and justice. -
Copyright by OKAN DOGAN 2015
Copyright by OKAN DOGAN 2015 The Thesis Committee for Okan Dogan Certifies that this is the approved version of the following thesis: RETHINKING ISLAMIC JURISPRUDENCE FOR MUSLIM MINORITIES IN THE WEST APPROVED BY SUPERVISING COMMITTEE: Supervisor: Hina Azam Jeannette Okur RETHINKING ISLAMIC JURISPRUDENCE FOR MUSLIM MINORITIES IN THE WEST by OKAN DOGAN, B.A.; M.A. Thesis Presented to the Faculty of the Graduate School of The University of Texas at Austin in Partial Fulfillment of the Requirements for the Degree of Master of Arts The University of Texas at Austin August 2015 Abstract RETHINKING ISLAMIC JURISPRUDENCE FOR MUSLIM MINORITIES IN THE WEST Okan Dogan, M.A. The University of Texas at Austin, 2015 Supervisor: Hina Azam Abstract: Fiqh al-Aqalliyyat is a new branch of fiqh that attempts to address contemporary realities experienced by Muslim minorities and the objectives/principles of Islamic jurisprudence. This paper describes the essential methodological principles of fiqh al- aqalliyat, and examines how scholars of fiqh al-aqalliyyat apply these principles to the unique issues faced by Muslim minorities. The legal opinions of minority fiqh scholars show that Muslim minorities can be both good Muslims and good citizens. This thesis also considers whether or not the juristic methodology and topics of fiqh al-aqalliyyat are in fact unique. The paper argues that indeed there are significant differences between fiqh al-aqalliyyat and traditional Sunni Islamic law. iv Table of Contents Introduction ..............................................................................................................1 -
Islamic Criminal Law and Procedure: Religious Fundamentalism V
Boston College International and Comparative Law Review Volume 12 | Issue 1 Article 3 12-1-1989 Islamic Criminal Law and Procedure: Religious Fundamentalism v. Modern Law Matthew Lippman Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Criminal Law Commons, History of Religions of Western Origin Commons, Islamic World and Near East History Commons, and the Religion Law Commons Recommended Citation Matthew Lippman, Islamic Criminal Law and Procedure: Religious Fundamentalism v. Modern Law, 12 B.C. Int'l & Comp. L. Rev. 29 (1989), http://lawdigitalcommons.bc.edu/iclr/vol12/iss1/3 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Islamic Criminal Law and Procedure: Religious Fundamentalism v. Modern Law by Matthew Lippman* In English, Islam means "submission" or "surrender." In relation to the Islamic religion, it means that individuals should submit or surrender to God's will. Islamic law, Shari'a, provides the "path to follow" for salvation,! Today, the Moslem world is witnessing a resurgence of Islamic fundamental ism,2 A central and controversial tenet of this movement is the incorporation of Koranic criminal law and procedure into domestic legal systems,3 Professor Joseph Schacht writes that law "remains an important, if not the most important, element in the struggle which is being fought in Islam between traditionalism and modernism under the impact of Western Ideas,"4 This article outlines the evolution and substance of Islamic criminal law and procedure and reviews some of the human rights issues raised by the return to Koranic criminal law, 5 1. -
2. Sources of Islamic Law
2. Sources of Islamic law 2.1 INTRODUCTION A Muslim’s life ideally is ruled by Islamic religious law, the sharia. Literally, the word ‘sharia’ can be translated as ‘the path that leads to the spring’ (Ramadan 2004, p. 31). Figuratively, it means ‘a clear path to be followed and observed’. Islamic religious law springs from various sources. These are discussed in this chapter, along with the diff erent ways in which the law is interpreted. Separate attention is paid to the question of how Muslims living among a non-Muslim majority should observe the sharia. 2.2 PRIMARY AND SECONDARY SOURCES There are various sources of Islamic legal knowledge. The fi rst one of course is the Quran itself, which, Muslims believe, was revealed to the Prophet Muhammad, also called the Messenger of God (Rasulullah), by the angel Jibril (Gabriel). The second one is the sunna, that is, the deeds, utterances and tacit approvals of the Prophet, as related in the ahadith or traditions (the singular hadith is also used for tradition in general), handed down through a dependable chain of transmitters.1 Sometimes, the term sunna is used in a wider sense, including the deeds of Muhammad’s Companions and successors.2 Note that this is not a critical study of the origins of Islamic law. We try to understand the Muslim view of Islamic law. Eminent Islam scholars such as Joseph Schacht (1902–69), following Ignaz Goldziher (1850–1921), argued that the sunna is in reality the practice of the Umayyad rulers of Damascus, only supported by ahadith of dubious authenticity (see Schacht 1949, 1975, p. -
An Analytical Study of Al-Ghazali's Contribution to Usul Al- Fiqh
ijcrb.webs.com JUNE 2012 INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS VOL 4, NO 2 AN ANALYTICAL STUDY OF AL-GHAZALI’S CONTRIBUTION TO USUL AL- FIQH Dr Farooq Hassan Assistant Professor Department of Humanities, NED University of Engineering & Technology Karachi, Pakistan Abstract: Abu Hamid , al-Ghazali (1058- 1111/450-50 ), a medieval Muslim theologian, Sufi, Jurist, Usuli remarkably contributed to Usul al-fiqh on Tariqat al-Mutakallimin (Tariqh al- Shafi’iyah) along with many other sciences. The details of his life and the works are well- documented with some exceptions. He wrote al Mankhul min Taliqat al-Usul (the sifted from the Commentary on the fundamentals) when he was young, than he wrote many other books on the same subject, this continued till the end of his life. After 25 years he wrote al- Mustasfa min Ilm al-usul, (a year before his death in 504/1110) which gained a lot of renown from many circles, on the other hand one of his best books was neglected and gradually faded away from the screen. Some thinkers have refused to accept it as al- Ghazal’s book. Some others showed their doubts about its authorships. Some more scholars when writing about his literary contributions have failed to mention al-Mankhul and said that some books have been falsely attributed to him. Many other have analyzed a few pieces from this book and commented that this kind of language used in this book is without dignity and much below the level of such scholar. There are others who have claimed that this could be a compilation of lectures by his student which were delivered by al-Ghazali. -
Georgetown University a Third Definition of Death? an Investigation Into the Implications of Advanced Medical Technology on Deat
Georgetown University A Third Definition of Death? An Investigation into the Implications of Advanced Medical Technology on Death in the Islamic Tradition Hasaan Munim Sex & Power in the Islamic Tradition (INAF-403) Dr. Jonathan Brown May 13, 2017 Munim 1 Muslims are not in agreement about when death is. Human judgment is inherently flawed, so Muslims defer to Islamic texts on issues of ethics. “Such then is the condition of us mortals,” wrote Pliny the Elder in his Natural History. “To these and the like vicissitudes of fortune are we born; so much so, that we cannot be sure of any thing, no, not even that a person is dead.”1 Medical technology has advanced so fast, and the universe of Muslims and Islamic thought is so wide, that there is no agreed upon standard for death. Determining the time of death is of utmost importance from an Islamic legal perspective. The death of an individual triggers many different legal processes and creates an obligation for a community to bury the body. Physicians with ulterior motives, such as organ transplantation, have entered the discourse on the Islamic definition of death in lieu of Islamic scholars. A return to classical Islamic rulings on responsibility for murder reveal that Muslims have confronted complex issues of death before, and are directly analogous to current biomedical issues. Although there is no consensus definition of death in the Islamic tradition, adopting a third category of life and death based on accepted historical rulings wherein one is “alive but legally dead” shows promise as an Islamic definition in light of recent advances in medical technology. -
A Comparison Between Ijtihad Among Shia Muslims and Istihsan and Istislah Among Sunni Muslims in Contemporary Islamic Thought
Deriving Laws: A Comparison between Ijtihad among Shia Muslims and Istihsan and Istislah among Sunni Muslims in Contemporary Islamic Thought BY LAURENCE DESCHAMPS-LAPORTE Introduction Periodically western media warn us of the threat of Muslim communities who demand the enforcement of the Islamic Shari’a in western democracies. They also occasionally report on the atrocities done to civilians in the Middle-East in the name of the Islamic Law. These news reports construct the image of the Islamic Shari’a as a clear, codified legal document. However, there is no single “Islamic Shari’a” and the methods of jurisprudence used to derive the law from the sources differ greatly between legal schools (Maddhabs), especially Sunni and Shia Schools. The enforcement and the codification, as well as the interpretation of Islamic law, are complex. Multiple historical debates surround the Islamic Shari’a, and exploring these debates allows one to better understand the multifaceted nature of this law. For example, Sunni Jurists, since the fourth century, have rejected the use of creative and subjective interpretations of the law.1 More precisely, they have abandoned the method of ijtihad. Now ijtihad is only officially used by Shia Jurists. Sunni jurists, instead of using Ijtihad, developed Istihsan and Istislah, two very similar methods which consist of favoring a qiyas over another. Qiyas, a method of jurisprudence embraced mostly by Sunni Schools, consists of deriving laws from analogies in the Qur’an or Sunna. Even if Sunni jurists have rejected ijtihad and developed istihsan or istislah, which they claim to be objective, that istihsan and istislah are creative methods of jurisprudence just like ijtihad. -
Introduction to Islamic Law CONTENTS Page COURSE
1 Introduction to Islamic Law CONTENTS Page COURSE INFORMATION 2 COURSE OUTLINE 2 Book Information 3 Grading Policy and Assessment 3 Syllabus: ISLAMIC JURISPRUDENCE 4 MUSLIM LAW 8 Course Material/Brief Points: ISLAMIC JURISPRUDENCE 10 MUSLIM LAW 37 Some Readings in Islamic Jurisprudence 58 Some Readings in Muslim Law 58 The Quran Translations 58 The Hadith Translation 58 Dictionaries 58 Additional Material Sources 58 2 COURSE INFORMATION COURSE NAME/SEMESTER: Spring 2015 Section # 22657 Course 5397 Introduction to Islamic Law Course Area: International Law PROFESSOR: SHAHZADO SHAIKH (Adjunct) Contact: 832-908-0635 [email protected] Credits: 3 Time: 7:30p-9:00p MW Room: Exam: 05/09/15 9am-12pm Prerequisites/Skills/Course Requirement: No prior course work is required. First Day Assignments: No Senior Upper Level Writing Requirement: No Students may meet: 6:30p-7:30p MW Students can also contact to set up appointment. Location: UH LC Course Outline: Based on a belief system of a divine origin, Shariah envisages, both, a religion and a social order. The course seeks to introduce core textual (as the basic source), theological (belief system), and legal components, along with historical impact, while examining different phases, through its sources and methodologies, leading to development of schools of opinions and legal theories. The course will examine texts, history and current issues in Islamic Law and its enforcement. It will also study principles, concepts and terminology of Islamic Jurisprudence and Muslim Law, It will introduce some aspects of Islamic law pertaining to substantive areas, like constitutional, commercial, international, and criminal laws; and some specific areas like marriage, divorce, child custody; succession and wills.