Results for 'Islamic law'

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  1.  8
    Semiotics of Islamic Law, Maṣlaḥa, and Islamic Economic Thought.Sami Al-Daghistani - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):389-404.
    The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing (...)
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  2. Alice’s Adventures, Abductive Reasoning and the Logic of Islamic Law.Valentino Cattelan - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):359-388.
    How does a Muslim jurist think the law and how, accordingly, he judges a fact? Using Alice in Wonderland as hermeneutical device to explore the logic of fiqh, this article identifies a divergence between Western and Islamic legal thinking in the application of abduction as key form of inference in the law of Islam. In particular, looking at the fact/law relation in symbolic terms, the article highlights how, while a dichotomy between fact and law characterizes Western legal thinking, fiqh (...)
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  3.  60
    Paternity Between Law and Biology: The Reconstruction of the Islamic Law of Paternity in the Wake of Dna Testing.Ayman Shabana - 2012 - Zygon 47 (1):214-239.
    Abstract: The discovery of DNA paternity tests has stirred a debate concerning the definition of paternity and whether the grounds for such a definition are legal or biological. According to the classical rules of Islamic law, paternity is established and negated on the basis of a valid marriage. Modern biomedical technology raises the question of whether paternity tests can be the sole basis for paternity, even independently of marriage. Although on the surface this technology seems to challenge the authority (...)
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  4.  28
    Islamic Law, Epistemology and Modernity: Legal Philosophy in Contemporary Iran.Ashk Dahlén - 2003 - Routledge.
    This book is a comprehensive analysis of the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran.
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  5.  1
    As ambiguidades do direito islâmico em contextos contemporâneos (The ambiguities of Islamic law in contemporary contexts) - DOI: 10.5752/ P.2175-5841.2011v9n20p153. [REVIEW]Youssef Cherem - 2011 - Horizonte 9 (20):153-170.
    Resumo Uma das reivindicações centrais dos movimentos políticos islâmicos é cumprir ou impor a sharī'a . Mas a visão que esses movimentos têm destoa da maneira como os sistemas jurídicos muçulmanos funcionaram historicamente. A própria definição de sharī'a , sua relação com o poder político, e sua aplicação num processo que leva a uma decisão jurídica, foram simplificados durante o processo de codificação dos séculos XIX e XX, e os movimentos islamistas são herdeiros dessa concepção "ocidentalizada" de sharī'a. Frequentemente traduzido (...)
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  6.  51
    Law and Ethics in Islamic Bioethics: Nonmaleficence in Islamic Paternity Regulations.Ayman Shabana - 2013 - Zygon 48 (3):709-731.
    In Islamic law paternity is treated as a consequence of a licit sexual relationship. Since DNA testing makes a clear distinction between legal and biological paternity possible, it challenges the continued correlation between paternity and marriage. This article explores the foundations of paternity regulations in the Islamic ethico-legal tradition, with a particular focus on what is termed here “the licit sex principle,” and investigates the extent to which a harm-based argument can be made either by appeal to or (...)
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  7.  15
    The Good Muslim: Reflections on Classical Islamic Law and Theology.Mona Siddiqui - 2012 - Cambridge University Press.
    Machine generated contents note: 1. Spoken, intended and problematic divorce in Hanafi Fiqh; 2. Between person and property - slavery in Qudūrī's Mukhtasar; 3. Pig, purity and permission in Mālikī slaughter; 4. Islamic and other perspectives on evil; 5. The language of love in the Qur'ān; 6. Virtue and limits in the ethics of friendship 7. Drinking and drunkenness in Ibn Rushd.
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  8.  3
    Semiotics of Islamic Law, Maṣlaḥa.Sami Al-Daghistani - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):389-404.
    The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing (...)
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  9. Sexual Violation in Islamic Law: Substance, Evidence, and Procedure By Hina Azam.Leslie F. Wolf - 2017 - Journal of Islamic Studies 28 (3):389-395.
    Sexual Violation in Islamic Law: Substance, Evidence, and Procedure By AzamHina, xi + 270 pp. Price HB £60.00. EAN 978–1107094246.
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  10.  20
    Al-Shaybani and the Islamic Law of War.John Kelsay - 2003 - Journal of Military Ethics 2 (1):63-75.
    One of the ways Islamic tradition addresses questions of military ethics is through inquiries into the shari'a, indicating the ideal way of life and usually rendered as Islamic 'law'. Discussion of the shari?a includes an extended conversation concerning the justification and conduct of war. The work of al-Shaybani (d. 804) and other early scholars in the Hanafi school illustrates an important moment in this conversation, establishing precedents to which subsequent generations of Muslims (including contemporary Muslims) must respond. Further, (...)
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  11.  21
    The Islamic Law of War – Justifications and Regulations.Hadassa A. Noorda - 2012 - Journal of Military Ethics 11 (1):67-69.
    Book Review: Ahmed Al Dawoody, The Islamic Law of War - Justifications and Regulations -.
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  12.  2
    Human Rights of Women and Children Under the Islamic Law of Personal Status and Its Application in Saudi Arabia.Almihdar Zainah - 2009 - Muslim World Journal of Human Rights 5 (1).
    Saudi Arabia has ratified the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. However, it has made general reservations to the effect that where there is a conflict between a Convention article and Islamic Law principles, Islamic Law shall have precedence. The family law rights of women and children in the Kingdom of Saudi Arabia have been criticised for not reaching the standards set by CEDAW and (...)
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  13.  2
    Use of Force in the Sudan: Between Islamic Law and International Law.Sean Hilhorst - 2009 - Muslim World Journal of Human Rights 5 (1).
    There are barriers of perception between Sudanese Muslims for whom the sharia is a source of authority and identity and others who see it as an oppressive means of dominating Sudan's minority populations. I make a distinction between process and substance in law, and show that a flawed process has contributed to a perception of international law as an instrument of powerful states, which has obscured its legislative and procedural usefulness to the Sudan as a member of the United Nations. (...)
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  14.  2
    The Case of Variae Lectiones in Classical Islamic Jurisprudence: Grammar and the Interpretation of Law.Mustafa Shah - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):285-311.
    The qirāʾāt or variae lectiones represent the vast corpus of Qurʾānic readings that were preserved through the historical processes associated with the textual codification and transmission of the Qurʾān. Despite the fact that differences among concomitant readings tend to be nominal, others betray semantic nuances that are brought into play within legal discourses. Both types of readings remain important sources for the history of the text of the Qur’ān and early Arabic grammatical thought. While some recent scholars have questioned the (...)
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  15.  1
    Islamic Law and Freedom of Religion: The Case of Apostasy and Its Legal Implications in Egypt.El Fegiery Moataz Ahmed - 2013 - Muslim World Journal of Human Rights 10 (1).
    The article analyses Egyptian jurisprudence on the issue of apostasy, with a focus on conversion from Islam to Christianity. It argues that the Egyptian judiciary has failed to develop a harmonious relationship between Islamic law and the principle of freedom of religion. It looks at how the majority of cases examined before the Egyptian judiciary reveal a continued tension between freedom of religion as defined in international human rights law and its judges’ interpretation of Islamic law as a (...)
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  16.  1
    Human Rights and Islamic Law: A Legal Analysis Challenging the Husband's Authority to Punish "Rebellious" Wives".H. Elsaidi Murad - 2011 - Muslim World Journal of Human Rights 7 (2).
    Verse 4:34 of the Qur'an has historically been interpreted to give husbands authority over their wives. Even today, such as in a recent case in the United Arab Emirates, Islamic courts have held that the husband has some leeway in "disciplining" wives who act in a rebellious manner to their husbands. This article challenges this interpretation through a comprehensive legal analysis, taking into account the context under which the verse came about, including the societal norms and conditions of the (...)
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  17.  1
    Mainstreaming Human Rights in the Curriculum of the Faculty of Islamic Law.Siti Ruhaini Dzuhayatin - 2005 - Muslim World Journal of Human Rights 2 (1).
    The transference of knowledge which takes place in various Islamic educational systems, from basic to higher education, is mostly normative and happens doctrinally, giving little space for reinterpretation. Higher education, which is expected to bring about progress, often fails under these circumstances, with its strong tendency to preserve classical Islamic traditions without alteration. This problem is clearly discerned at the Faculty of Islamic Law within Islamic universities in Indonesia, which has a strong reputation for dealing with, (...)
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  18.  1
    What Is Islamic Law?: A Praxiological Answer and an Egyptian Case Study.B. Dupret - 2007 - Theory, Culture and Society 24 (2):79-100.
    In this article, I first criticize commonly held assumptions about what Islamic law is. I suggest that it is at best useless and at worst wrong to start with a label like ‘Islamic law’ to describe something that is presumed to be an instance of such a label. I identify the source of confusion, i.e. the postulate that there must be a kind of genealogical continuity between what people refer to as Islamic law and Islamic law (...)
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  19. Islamic Law in Africa.J. N. D. Anderson - 2007 - Routledge.
    In many parts of Africa three different systems of laws are concurrently applied – the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one (...)
     
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  20. Islamic Law in Africa.J. N. D. Anderson - 2010 - Routledge.
    This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.
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  21. Islamic Theology, Philosophy and Law: Debating Ibn Taymiyya and Ibn Qayyim Al-Jawziyya.Birgit Krawietz, Georges Tamer & Alina Kokoschka (eds.) - 2013 - De Gruyter.
     
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  22.  14
    How Ethical is Islamic Banking in the Light of the Objectives of Islamic Law?Walid Mansour, Khoutem Ben Jedidia & Jihed Majdoub - 2015 - Journal of Religious Ethics 43 (1):51-77.
    Islamic banking is based on moral foundations that make it distinct from conventional banking. Some argue that because of its foundation in Islam, Islamic banking may represent a more morally appealing alternative. Yet, evidence shows that this is not the case. Indeed, the current practice of Islamic banking has not been able to achieve its goals which are based on Islam's moral values: to enhance justice, equitability, and social well-being. This essay examines the extent to which (...) banking is ethical and concludes that the practice of the industry does not seem to be de facto ethical from the Islamic perspective of ethical values. It only consists in trading the same instruments of conventional banks without genuinely enforcing Islam's ethical vision. The practice of Islamic banking misrepresents Islam and does not contribute to solving social problems. The interaction between maqasid al-shari᾽a and qiyās provides a supplementary tool for interpreting the failure of the prior in terms of the practical misuse of the latter by Islamic banks. This essay provides an interpretive approach to the current debate about why Islamic banking has failed and suggests ways to move cautiously in the future. (shrink)
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  23.  44
    Islamic Bioethics: Between Sacred Law, Lived Experiences, and State Authority.Aasim I. Padela - 2013 - Theoretical Medicine and Bioethics 34 (2):65-80.
    There is burgeoning interest in the field of “Islamic” bioethics within public and professional circles, and both healthcare practitioners and academic scholars deploy their respective expertise in attempts to cohere a discipline of inquiry that addresses the needs of contemporary bioethics stakeholders while using resources from within the Islamic ethico-legal tradition. This manuscript serves as an introduction to the present thematic issue dedicated to Islamic bioethics. Using the collection of papers as a guide the paper outlines several (...)
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  24.  4
    The Second Formation of Islamic Law: The Hanafi School in the Early Modern Ottoman EmpireBy Guy Burak.Colin Imber - forthcoming - Journal of Islamic Studies:etv084.
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  25.  4
    The Islamic Law of War: Justifications and RegulationsBy Ahmed Al-Dawoody.John Kelsay - forthcoming - Journal of Islamic Studies:etv093.
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  26.  2
    Al-Shāfi’Ī’s Position on Analogical Reasoning in Islamic Criminal Law: Jurists Debates and Human Rights Implications.Luqman Zakariyah - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (2):301-319.
    Al-Shāfi’ī has been unreservedly credited as one of the designers, if not the “master architect,” of uṣūl al-fiqh. His most important scholarly work, Al-Risālah, clearly demonstrates his cognitive creativity in this field. One of the methodologies for the decision of cases under Islamic law that Al-Shāfi’ī championed is qiyās, which he equated with ijtihād. His balanced approach invites further enquiry into the extensive use of qiyās in general and in criminal law in particular. The extent to which qiyās can (...)
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  27.  4
    Contracts in Islamic Law: The Principles of Commutative Justice and Liberality.H. Hassan - 2002 - Journal of Islamic Studies 13 (3):257-297.
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  28.  2
    Islamic Law and International Human Rights Norms.Alhargan Raed Abdulaziz - 2013 - Muslim World Journal of Human Rights 9 (1).
    Human rights in Islam is a complex issue on which influential Muslims have expressed diverse perspectives. This article identifies the different views held by several scholars, and examines the way in which those views are reflected or contested in contemporary Islamic discourses and particularly the discourses of Saudi scholars. It also argues that different opinions are not necessarily based on a specific Islamic sect but on the perception of international norms and on the readings and interpretation of (...) texts as well. (shrink)
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  29.  2
    Islamic Law: Its Sources, Interpretation and the Translation of It Into Laws Written in English.Rafat Y. Alwazna - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):251-260.
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  30.  1
    Islamic Law in Theory: Studies on Jurisprudence in Honor of Bernard WeissEdited by A. Kevin Reinhart and Robert Gleave, with an Appreciation by Peter Sluglett.Michael Dann - forthcoming - Journal of Islamic Studies:etv067.
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  31.  1
    Authority, Conflict, and the Transmission of Diversity in Medieval Islamic Law * by R. Kevin Jaques.A. A. Ahmad - 2007 - Journal of Islamic Studies 18 (2):246-248.
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  32.  1
    Islamic Law of Business Organization Corporations. Islamic Law and Jurisprudence, Volume 2 By Imran Ahsan Khan Nyazee , 211 Pp. Price PB Not Given. ISBN 1-56564-090-X. [REVIEW]M. I. Dien - 2001 - Journal of Islamic Studies 12 (3):329-331.
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  33.  1
    Approaches to Sharī'a: A Response to N. J. Coulson's a History of Islamic Law.Muhammed Selim El-awa - 1991 - Journal of Islamic Studies 2 (2):143-179.
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  34.  1
    A History of the Early Islamic Law of Property: Reconstructing the Legal Development, 7th-9th Centuries * by Hiroyuki Yanagihashi. [REVIEW]M. H. Fadel - 2007 - Journal of Islamic Studies 18 (1):100-102.
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  35.  1
    The Origins and Evolution of Islamic Law: A Response * BY WAEL B. HALLAQ.W. B. Hallaq - 2008 - Journal of Islamic Studies 19 (3):456-466.
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  36.  1
    Islamic Law and Culture 1600-1840 By Haim Gerber. Leiden: Brill. Vol. 9 in Studies in Islamic Law and Society, 1999. Pp. 156. Price HB $55.00. 90-0-11319-3. [REVIEW]H. Hassan - 2001 - Journal of Islamic Studies 12 (2):203-207.
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  37.  1
    Review: Islamic Law: Theory and Practice: Islamic Law: Theory and Practice. [REVIEW]H. Hassan - 2002 - Journal of Islamic Studies 13 (1):50-51.
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  38.  1
    Review: International Human Rights and Islamic Law. [REVIEW]J. Kelsay - 2005 - Journal of Islamic Studies 16 (2):242-245.
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  39.  1
    Crime and Punishment in Islamic Law * by Rudolph Peters.M. Siddiqui - 2007 - Journal of Islamic Studies 18 (2):244-246.
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  40.  1
    Review: Islamic Law and Legal System: Studies of Saudi Arabia * Frank E. Vogel: Islamic Law and Legal System: Studies of Saudi Arabia. [REVIEW]M. Q. Zaman - 2002 - Journal of Islamic Studies 13 (1):51-54.
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  41. Al-Sanhūrī's Reconstruction of the Islamic Law of Contract Defects.Oussama Arabi - 1995 - Journal of Islamic Studies 6 (2):153-172.
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  42. Custom in Islamic Law and Legal Theory: The Development of the Concepts of Lhringurf and Lhringadah in the Islamic Legal Tradition * by Ayman Shabana.I. Cebeci - 2012 - Journal of Islamic Studies 23 (2):229-231.
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  43. Review: The Reinstatement of Islamic Law in Sudan Under Numayri: An Evaluation of a Legal Experiment in Light of its Historical Context, Methodology, and Repercussions. [REVIEW]C. Fluehr-Lobban - 2005 - Journal of Islamic Studies 16 (2):251-254.
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  44. The Spirit of Islamic Law By Bernard G. Weiss , 224 Pp. Price HB 35.95. ISBN 0-8203-1977-5.H. Hassan - 2001 - Journal of Islamic Studies 12 (3):327-329.
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  45. Waqfs and Urban Structures: The Case of Ottoman Damascus By Richard van Leeuwen. Leiden: E. J. Brill. Studies in Islamic Law and Society. 1999. Pp. 323. Price HB $76.50. 90-04-11299-5. [REVIEW]R. Kana'an - 2001 - Journal of Islamic Studies 12 (1):88-90.
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  46. The Origins and Evolution of Islamic Law * BY WAEL B. HALLAQ.M. A. Nadwi - 2007 - Journal of Islamic Studies 19 (1):109-115.
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  47. On Taql D: Ibn Al Qayyim's Critique of Authority in Islamic Law by Abdul-Rahman Mustafa.Y. Rapoport - 2014 - Journal of Islamic Studies 25 (3):353-354.
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  48. Islamic Law and Social Change: An Insight Into the Making of Anglo-Muhammadan Law.M. Zubair Abbasi - 2014 - Journal of Islamic Studies 25 (3):325-349.
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  49. Boundaries and Rights in Islamic Law: Introduction.Talal Asad - 2003 - Social Research: An International Quarterly 70 (3):683-686.
     
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  50.  77
    International Human Rights and Islamic Law - by Mashood A. Baderin.Farid Abdel-Nour - 2006 - Ethics and International Affairs 20 (3):388–390.
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