Last edited by Kale
Friday, February 14, 2020 | History

2 edition of Law, custom, and statute in the Muslim world found in the catalog.

Law, custom, and statute in the Muslim world

Law, custom, and statute in the Muslim world

studies in honor of Aharon Layish

by

  • 163 Want to read
  • 24 Currently reading

Published by Brill in Leiden, Boston .
Written in English

    Subjects:
  • Islamic law -- History.,
  • Justice, Administration of (Islamic law) -- History.,
  • Customary law (Islamic law) -- History.,
  • Droit islamique -- Histoire.,
  • Justice -- Administration (Droit islamique) -- Histoire.,
  • Droit coutumier (Droit islamique) -- Histoire.,
  • Islamitisch recht.,
  • Islamitische wereld.

  • Edition Notes

    Includes bibliographical references (p. [231]-246) and index.

    Statementedited by Ron Shaham.
    SeriesStudies in Islamic law and society -- v. 28
    ContributionsLayish, Aharon, 1933-., Shaham, Ron.
    Classifications
    LC ClassificationsKBP50 .L39 2007
    The Physical Object
    Paginationxxxi, 263 p. ;
    Number of Pages263
    ID Numbers
    Open LibraryOL20265957M
    ISBN 109004154531
    ISBN 109789004154537
    LC Control Number2006050908

    Contemporary sharia s : the full spectrum of rules and interpretations that are developed and practiced at present. In the canon law of the Catholic Churchcustom is a source of law. The Hindu Law Committee, appointed inrecommended that this branch of the law should be codified in gradual stages. Case-law has never formed part of the judicial system of the Hindus, but since the administration of Hindu Law was taken up by the Courts, judicial decisions have not only become a source of Hindu Law, but have been the chief agency by which changes have been effected in that law.

    The Islamic empire, which under the Abbasid caliphs had stretched from Spain to North Africa, Arabia, and Central Asia, was now disintegrating into a series of competing regional dynasties. In addressing custom as a source of law within the civil law tradition, John Henry Merryman notes that, though the attention it is given in scholarly works is great, its importance is "slight and decreasing". To be most effective and influential this intellectual framework must be developed by progressive Muslims, and not forced from out-side through military or any other means. These governments had adopted Western ways in their legal systems and other matters, but many people regarded their actions as oppressive, corrupt, and ineffective.

    Governance is also a major problem throughout the Muslim world, where true democracies are rare and the vast majority of states routinely deny basic human rights to their citizens. The headman or chief adjudicating may also do same: accept the normative basis implied by the parties or one of themand thus not refer to norms using explicit language but rather isolate a factual issue in the dispute and then make a decision on it without expressly referring to any norms, or impose a new or different paradigm onto the parties. Third, the solicitor was able to add an additional safeguard to the standard procedure of an Islamic divorce case by resorting to English legal practice; introducing a clause in the letter accompanying the divorce certificate allowed the wife the possibility of disputing the talaq. He was told that this was not Islamic but he requested this clause to be included regardless.


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Law, custom, and statute in the Muslim world book

Find out more and support our work here. These mechanisms include reason-ing by analogy qiyasconsideration of the public good maslahaequity or consideration of the fairest outcome is-tihsancustomary usage urfand independent legal reasoning ijtihad.

In principle, unless there are compelling reasons to discard the legal precedent set by earlier scholars, their rulings should be applied to contemporary questions. The Smritikars declared and stressed the divine origin and sanction of the rules of Dharma.

In the last two centuries Islamic scholars have begun to turn away from taqlid and once again embrace ijtihad in a manner rivaling even the earliest and most progressive periods of Islamic jurisprudence.

As ofthere were approximately 1, aqsaqal courts throughout Kyrgyzstan, including in the capital of Bishkek. The principal Smritis are those of Manu, Yajnavalkya and Narada. The roots of these dual misinterpretations of sharia come from a specific set of historical circumstances that have cast a long shadow on the Muslim world and its interaction with the West.

The crafting of new constitutions following the ouster of long-time rulers in Libya, Egypt, and Tunisia has led to a discussion about the role of Islamic law in a democracy. Oxford University Press.

Others feel Islam necessitates a democratic system and that democracy has a basis in the Quran since "mutual consultation" among the people is commended Quran.

In Emad El-Din Shahin ed. Furthermore, the legitimacy of a chief is a direct determinant of the legitimacy of his decisions. Similar clashes have occurred in Turkey.

Customary law

The referenced and complete essay can be found here. Custumals acquired the force of law when they became the undisputed rule by which certain rightsentitlements, and obligations were regulated between members of a community. Muslim legal practices as citizenship after orientalism?

Nor is it being suggested here that Islamic law should be modified to suit West-ern needs and interests. Although the Srutis are believed to be the ultimate sources of law, in the sense of rules of human conduct, they are mostly religious in character and one finds very little secular law in the Srutis.

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The Srutis are believed to contain the very words of God. Anyone could ask them a question about law, and they were expected to give an answer for free. Another contributing factor to the controversy might be that there is a key relationship between Muslim family law, gender and sexuality.

The Oxford Dictionary of Islam. And should only marry when she is of legal age. Customs and Usages: Custom is one of the most important sources of Hindu Law. Madanvali v. Ramadan, who have impeccable Islamic jurisprudence credentials and are pursuing a modernizing and liberalizing agenda, should be supported in every way by the United States and others seeking to promote reform in the Muslim world.

For example, there must be four adult male Muslim witnesses to a hudud crime and statute in the Muslim world book a confession repeated four times, before someone can be punished.

The reason is that on the analogical deductions, resting as they do, upon the application of human reasons, which is always liable to error.Sharia (/ ʃ ə ˈ r iː ə /, Arabic: شريعة ‎ [ʃaˈriːʕah]), Islamic law or sharia law is a religious law forming part of the Islamic tradition.

It is derived from the religious precepts of Islam, particularly the Quran and the atlasbowling.com Arabic, the term sharīʿah refers to God's immutable divine law and is contrasted with fiqh, which refers to its human scholarly interpretations.

Jan 01,  · Read "Law, Custom and Statute in the Muslim World. Studies in Honor of Aharon Layish, Islamic Law and Society" on DeepDyve, the largest online rental service for scholarly research with thousands of academic publications available at your fingertips.

in LAW, CUSTOM, AND STATUTE IN THE MUSLIM WORLD: STUDIES IN HONOR OF AHARON LAYISH (Shaham, Ron, ed., ). KBPL39 Hurvitz, Nimrod. The Mukhtasar of al-Khiraqī and its Place in the Formation of Hanbalī Doctrine. in LAW, CUSTOM, AND STATUTE IN THE MUSLIM WORLD: STUDIES IN HONOR OF AHARON LAYISH (Shaham, Ron, ed., ).

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