Suchergebnisse

Preliminary Material /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Origins and Development of Islamic Jurisprudence /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Islamic Schools of Law and General Sharia Maxims /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Personal Status Laws in the Arab States /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Marriage /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Dower /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Maintenance /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Dissolution of Marriage /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --The lddat /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Parentage /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Child's Rights during Infancy: Fosterage and Custody /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Maintenance for Descendants, Ascendants and Collaterals /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Guardianship /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Inheritance /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Wills /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Waqf /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Gifts (Hibat) /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Bibliography /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Glossary /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL --Index /Jamal. J.A. Nasir CVO; TQA BA (Hons), PhD (Law), DSL.

This book is believed to be the first of its kind written by a renowned Muslim lawyer in the English language, and by an Arab author who is probably the leading authority writing in English in the subject of Islamic law (the Sharia), and modern Islamic legislation. There has long been a need for an objective study such as dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. Seen within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custody, and fills an important gap left by recent and more general publcations on Islamic law. The author has researched original Arabib and Islamic tect books and reviewed legislation in the different Arab countries in order to present the most up-to-date information on the subject ... (Quelle: Text Verlagseinband / Verlag)

Mona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential. In the case of men and women's capabilities, the underlying principle is that they are entitled to the same rights, as long as their capabilities are the same. In the legal construction of women's status, women have been prescribed lacking the same abilities and capabilities as men. As such, their status and rights differ, justifying men to be the maintainers of women. By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework

AbstractThe Islamic law on rebellion offers a comprehensive code for regulating the conduct of hostilities in non-international armed conflicts and thus it can be used as a model for improving the contemporary international legal regime. It not only provides an objective criterion for ascertaining existence of armed conflict but also recognizes the combatant status for rebels and the necessary corollaries of their de facto authority in the territory under their control. Thus it helps reduce the sufferings of civilians and ordinary citizens during rebellion and civil wars. At the same time, Islamic law asserts that the territory under the de facto control of the rebels is de jure part of the parent state. It therefore answers the worries of those who fear that the grant of combatant status to rebels might give legitimacy to their struggle.

Analyzes attitudes to people with various disabilities based on Muslim jurists' works (fiqh) in the Middle Ages and the modern era. This book focuses on people with disabilities and depicts the place and status that Islamic law has assigned to them, as well as how the law envisions their participation in religious, social, and communal life

Recognition of the legal status of children outside of marriage is regulated in Article 280 of the Civil Code and Islamic Law does not recognize the recognition of children outside of marriage which is regulated in Article 100 of the Compilation of Islamic Law, so that the legal consequences that arise later are different. A child outside of marriage is a child born to his parents without a legal marriage between the father and mother. Therefore, the child does not have the status or position in law as a legitimate child. This type of research conducted by the author is Empirical Juridical Research, namely research by studying, investigating and studying according to what has been determined by the applicable regulations and real facts that occur in the community with the aim to learn and find data and real events that actually happened, with use the legal approach and case approach. In the results of this research and discussion it is explained that in Positive Law a child outside of marriage can be ratified by a confession, whereas in Islamic Law there is no recognition. Recognition of children outside of marriage in Positive Law raises the result of the endorsement and the resulting relationship with the legal consequences. Whereas in Islamic Law the law of an out-of-wedlock child is not entitled to obtain lineage relationship, livelihood, inheritance rights and others from his biological father because it only has a lineage relationship with his mother and his mother's family, but if the biological father wants to give part of his property, this can be done through a will. Related to the difference between the recognition of Positive Law and Islamic Law, it is considered necessary to pay attention, because of the importance of recognition of children outside of marriage, which results in civil rights in the future. Then later the child outside of marriage also gets the distribution of inheritance (inheritance), guardianship rights and other rights. The government through legislation also needs to pay ...

This book underlines the mutability of Islamic law and attempts to relate its substantive and institutional varieties and transformations to social, political, economic and other historical circumstances. The studies in the book range from discussion of the received wisdom in Islamic law to studies of legal institutions and the theoretical means employed by Islamic law for the accommodation of changing historical circumstances.First published in 1988

part PART I GENERAL PRINCIPLES OF INTERNATIONAL LAW -- chapter 1 Islam and the Modem Law of Nations -- chapter 2 Siyar-ization and Its Discontents: International Law and Islam's Constitutional Crisis -- chapter 3 The Role of Islamic Law in the Contemporary World Order -- chapter 4 Islam and International Law: Toward a Positive Mutual Engagement to Realize Shared Ideals -- chapter 5 Islam and International Law -- part PART II INTERNATIONAL USE OF FORCE -- chapter 6 Views of Jihad Throughout History -- chapter 7 The Islamic Perception of the Use of Force in the Contemporary World -- chapter 8 Is There an Islamic Ethic of Humanitarian Intervention? -- part PART III INTERNATIONAL HUMANITARIAN LAW -- chapter 9 As-Salamu 'Alaykum? Humanitarian Law in Islamic Jurisprudence -- chapter 10 Islam and International Humanitarian Law: From a Clash to a Conversation between Civilizations -- part PART IV INTERNATIONAL TERRORISM -- chapter 11 Is Osama bin Laden's "Fatwa Urging Jihad Against Americans" dated 23 February 1998 Justified by Islamic Law? -- chapter 12 Violence, September 11 and the Interpretations of Islam -- part PART V INTERNATIONAL PROTECTION OF DIPLOMATS -- chapter 13 Protection of Diplomats under Islamic Law -- part PART VI INTERNATIONAL ENVIRONMENTAL AND WATER LAW -- chapter 14 Islam and Environmental Ethics: Tradition Responds to Contemporary Challenges -- chapter 15 Can there be Confluence? A Comparative Consideration of Western and Islamic Fresh Water Law -- part PART VII UNIVERSALITY OF HUMAN RIGHTS -- chapter 16 Islamic Law/Shari'a, Human Rights, Universal Morality and International Relations -- chapter 17 Muslim Voices in the Human Rights Debate -- chapter 18 A New Perspective on the Universality Debate: Reverse Moderate Relativism in the Islamic Context -- chapter 19 Islam and Human Rights: Beyond the Universality Debate -- part PART VIII WOMEN'S RIGHTS -- chapter 20 Women's Rights in the Muslim World: Reform or Reconstruction? -- chapter 21 Women's Human Rights in Islam: Towards a Theoretical Framework -- chapter 22 Women's Human Rights in the Koran: An Interpretive Approach -- part PART IX RIGHTS OF THE CHILD -- chapter 23 The Impact of Islamic Law on the Implementation of the Convention on the Rights of the Child: The Plight of non-Marital Children under Shari'a -- chapter 24 Religious Legal Traditions, Muslim States and the Convention on the Rights of the Child: An Essay on the Relevant UN Documentation -- part PART X RIGHTS OF RELIGIOUS MINORITIES -- chapter 25 Accommodating Religious Identities in an Islamic State: International Law, Freedom of Religion and the Rights of Religious Minorities -- chapter 26 Non-Muslims in the Islamic State: Majority Rule and Minority Rights -- part PART XI STATE PRACTICE -- chapter 27 The Search for Human Rights Within an Islamic Framework in Iran -- chapter 28 A Macroscopic Analysis of the Practice of Muslim State Parties to International Human Rights Treaties: Conflict or Congruence?.

This volume provides an overview of the nature and scope of the concept of Sunna both in pre-modern and modern Islamic discussions. The main focus is on shedding more light on the context in which the term Sunna in the major works of Islamic law and legal theory across all of the major madhahib was employed during the first six centuries Hijri