Recasting Islamic Law

2021-03-15 Religion

Author : Rachel M. Scott
Release : 2021-03-15
Genre : Religion
Kind : eBook
Book Rating : 983/5 ( reviews)

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Book Synopsis Recasting Islamic Law by : Rachel M. Scott

Download or read book Recasting Islamic Law written by Rachel M. Scott. This book was released on 2021-03-15. Available in PDF, EPUB and Kindle. Book excerpt: By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.

The Unfamiliar Abode

2010-03-18 Religion

Author : Kathleen Moore
Release : 2010-03-18
Genre : Religion
Kind : eBook
Book Rating : 840/5 ( reviews)

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Book Synopsis The Unfamiliar Abode by : Kathleen Moore

Download or read book The Unfamiliar Abode written by Kathleen Moore. This book was released on 2010-03-18. Available in PDF, EPUB and Kindle. Book excerpt: Today there are more Muslims living in diaspora than at any time in history. This situation was not envisioned by Islamic law, which makes no provision for permanent as opposed to transient diasporic communities. Western Muslims are therefore faced with the necessity of developing an Islamic law for Muslim communities living in non-Muslim societies. In this book, Kathleen Moore explores the development of new forms of Islamic law and legal reasoning in the US and Great Britain, as well the Muslims encountering Anglo-American common law and its unfamiliar commitments to pluralism and participation, and to gender, family, and identity. The underlying context is the aftermath of 9/11 and 7/7, the two attacks that arguably recast the way the West views Muslims and Islam. Islamic jurisprudence, Moore notes, contains a number of references to various 'abodes' and a number of interpretations of how Muslims should conduct themselves within those worlds. These include the dar al harb (house of war), dar al kufr (house of unbelievers), and dar al salam (house of peace). How Islamic law interprets these determines the debates that take shape in and around Islamic legality in these spaces. Moore's analysis emphasizes the multiplicities of law, the tensions between secularism and religiosity. She is the first to offer a close examination of the emergence of a contingent legal consciousness shaped by the exceptional circumstances of being Muslim in the U.S and Britain in the 1990s and the first decade of the 21st century

Islamic Natural Law Theories

2010-04-08 Law

Author : Anver M. Emon
Release : 2010-04-08
Genre : Law
Kind : eBook
Book Rating : 008/5 ( reviews)

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Book Synopsis Islamic Natural Law Theories by : Anver M. Emon

Download or read book Islamic Natural Law Theories written by Anver M. Emon. This book was released on 2010-04-08. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.

New Directions in Islamic Thought

2011-02-25 Religion

Author : Kari Vogt
Release : 2011-02-25
Genre : Religion
Kind : eBook
Book Rating : 336/5 ( reviews)

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Book Synopsis New Directions in Islamic Thought by : Kari Vogt

Download or read book New Directions in Islamic Thought written by Kari Vogt. This book was released on 2011-02-25. Available in PDF, EPUB and Kindle. Book excerpt: This is an important and prestigious volume showcasing leading progressive Islamic thinkers. It includes new essay by controversial public intellectual and Muslim scholar Tariq Ramadan. It offers strong appeal to policymakers and as well as students and scholars of religion and the Middle East.How are Muslims to reconcile their beliefs with the pressures and imperatives of the modern world? How should they handle the tension between their roles as private citizens and their religious affiliations and identities? This groundbreaking volume shows in what ways prominent Muslim intellectuals have themselves attempted to bridge the gap by recasting traditional Islamic notions in the light of contemporary understandings of equality, justice and pluralism. The contributors to the book examine the tradition that they seek to reform in relation to the human rights ethic of the modern world. The new wave of Islamic thinking which they represent emerges as multi-stranded rather than defined by a single trend or doctrine.Themes covered include a deconstruction of patriarchal interpretations of the Qur'an; the distinctions between universal and context-specific parts of Islamic texts; a re-contextualisation of Shari'a law; and a critique of religious jurisprudence, particularly where this impacts on matters of sex and gender. Old texts are re-interpreted through the lived situations of real people today. The result is an indispensable portrayal of progressive Islamic thought in the twenty-first century, which will be an invaluable resource for students and scholars of religion, ethics and Middle East studies.

Origin and Development of Islamic Law

2008 Islamic law

Author : Majid Khadduri
Release : 2008
Genre : Islamic law
Kind : eBook
Book Rating : 644/5 ( reviews)

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Book Synopsis Origin and Development of Islamic Law by : Majid Khadduri

Download or read book Origin and Development of Islamic Law written by Majid Khadduri. This book was released on 2008. Available in PDF, EPUB and Kindle. Book excerpt: The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will.

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Recasting Islamic Law

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