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Author: Intisar A. Rabb
Publisher:
ISBN: 9781316212059
Category : Belief and doubt
Languages : en
Pages : 414
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Book Description
This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam's unique concept of doubt, which evolved from the seventh to the sixteenth century.
Author: Intisar A. Rabb
Publisher:
ISBN: 9781316212059
Category : Belief and doubt
Languages : en
Pages : 414
Get Book
Book Description
This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. Despite its contemporary popularity, that notion turns out to have been far outside the mainstream of Islamic law for most of its history. Instead of rejecting doubt, medieval Muslim scholars largely embraced it. In fact, they used doubt to enlarge their own power and to construct Islamic criminal law itself. Through examination of legal, historical, and theological sources, and a range of illustrative case studies, this book shows that Muslim jurists developed a highly sophisticated and regulated system for dealing with Islam's unique concept of doubt, which evolved from the seventh to the sixteenth century.
Author: Intisar A. Rabb
Publisher: Cambridge University Press
ISBN: 1107080991
Category : History
Languages : en
Pages : 431
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Book Description
This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.
Author: Luqman Zakariyah
Publisher: BRILL
ISBN: 9004304878
Category : Law
Languages : en
Pages : 247
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Book Description
Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally.
Author: Robert Gleave
Publisher: BRILL
ISBN: 9004491961
Category : Law
Languages : en
Pages : 277
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Book Description
In this volume, two classical texts of legal theory (usūl al-fiqh) are analysed. The authors of these works belonged to two schools of Shī‘ī jurisprudence: Yūsuf al-Baḥrānī (d. 1186/1772) was a key figure in the Akhbārī school, and his adversary, Muḥammad Bāqir al-Bihbahāanī (d. 1206/1791-2) was credited with the revival of the Usūli school and the defeat of Akhbarism after Baḥrānī's death. Through a comparison of the two writers' theories, this work describes the major areas of dispute between the two schools, examining how their different epistemologies lead to different conceptions of the sources and interpretation of the Sharī‘a, God's law for humanity. This work will, then, be of interest to historians of Islamic thought generally, and Shī‘ī thought and Islamic legal theory, in particular.
Author: Robert Gleave
Publisher: BRILL
ISBN: 9789004115958
Category : Religion
Languages : en
Pages : 292
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Book Description
This book is an analysis of the legal theories of two classical Sh Muslim writers: one an Akhb r, the other an Us li. It provides insight, not only into Islamic jurisprudence, but also the Akhb r -Us li conflict in Twelver Sh sm.
Author: MashoodA. Baderin
Publisher: Routledge
ISBN: 1351561944
Category : Law
Languages : en
Pages : 694
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Book Description
Islamic substantive law, otherwise called branches of the law (furu al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process ofcultivation (istithmar), whereby the qualified jurist (mujtahid), as thecultivator uses relevant rules of legal theory to harvest the substantive law on specific issues in form offruits (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.
Author: Kristen Stilt
Publisher: Oxford University Press
ISBN: 0199602433
Category : History
Languages : en
Pages : 255
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Book Description
Taking a "law in action" approach to the study of Islamic law through a focus on the activities of the muhtasib in medieval Cairo and Fustat, this book paints a clear picture of the practice of Islamic law at the time. Connecting theory and practice, it sheds new light on the lived experience of the legal system.
Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1100
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Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Author: Nadirsyah Hosen
Publisher: Edward Elgar Publishing
ISBN: 1781003068
Category : Law
Languages : en
Pages : 488
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Book Description
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
Author: Khaled Abou El Fadl
Publisher: Simon and Schuster
ISBN: 1780744684
Category : Religion
Languages : en
Pages : 192
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Book Description
Drawing on both religious and secular sources, this challenging book argues that divinely ordained law is frequently misinterpreted by Muslim authorities at the expense of certain groups, including women. Khaled Abou El Fadl cites a series of injustices in Islamic society and ultimately proposes a return to the original ethics at the heart of the Muslim legal system.
