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Islamic Family Law In A Changing World

Islamic Family Law in A Changing World PDF

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Author: 'Abd Allah Ahmad Na'im
Publisher: Zed Books
ISBN: 9781842770931
Size: 28.44 MB
Format: PDF, ePub, Docs
Category : Family & Relationships
Languages : en
Pages : 320
View: 6949


This is a uniquely comprehensive and up-to-date volume spanning nine regions and 38 Islamic countries around the world. More than a billion Muslims have their lives in such matters as marriage, divorce, maintenance, paternity and the custody of children governed by certain aspects of the Shari'a, commonly known as Islamic Family Law. But as the team who have put together this resource book point out, this does not mean that identical principles apply everywhere. In fact, as the socio-cultural and historical contextualisations which precede each country's legal profile make clear, the practical application of Shari'a principles is often modified by theological differences of interpretation, particular customary practices in the country concerned, and state policy and law.This volume documents the scope and actual manner of application of Islamic Family Law worldwide. Part of its purpose is the assumption that while changing social conditions - including a commitment to certain universal human rights -- make legal reform necessary, any strategy must be based first of all on the best possible factual foundations. And secondly, since Islamic Family Law has become contested ground between conservative and fundamentalist forces on the one hand and modernist and liberal trends on the other in most Islamic countries, reform must be conceived only in realistic terms and advocated in ways that motivate and empower potential supporters working in their own communities.This work is a uniquely valuable resource for lawyers, social policymakers and scholars. It is also a contribution to the historical challenge which Islamic societies confront in reforming personal and family law.

Human Rights Oxford Bibliographies Online Research Guide

Human Rights  Oxford Bibliographies Online Research Guide PDF

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Author: Oxford University Press
Publisher: Oxford University Press, USA
ISBN: 9780199803989
Size: 31.71 MB
Format: PDF, ePub, Docs
Category : Social Science
Languages : en
Pages : 24
View: 7324


This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.

Modern Islamic Thought In A Radical Age

Modern Islamic Thought in a Radical Age PDF

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Author: Muhammad Qasim Zaman
Publisher: Cambridge University Press
ISBN: 1139577182
Size: 47.34 MB
Format: PDF, ePub
Category : History
Languages : en
Pages :
View: 6542


Among traditionally educated scholars in the Islamic world there is much disagreement on the crises that afflict modern Muslim societies and how best to deal with them, and the debates have grown more urgent since 9/11. Through an analysis of the work of Muhammad Rashid Rida and Yusuf al-Qaradawi in the Arab Middle East and a number of scholars belonging to the Deobandi orientation in colonial and contemporary South Asia, this book examines some of the most important issues facing the Muslim world since the late nineteenth century. These include the challenges to the binding claims of a long-established scholarly consensus, evolving conceptions of the common good, and discourses on religious education, the legal rights of women, social and economic justice and violence and terrorism. This wide-ranging study by a leading scholar provides the depth and the comparative perspective necessary for an understanding of the ferment that characterizes contemporary Islam.

The Ashgate Research Companion To Islamic Law

The Ashgate Research Companion to Islamic Law PDF

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Author: Peri Bearman
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472403711
Size: 27.32 MB
Format: PDF, Kindle
Category : Religion
Languages : en
Pages : 356
View: 5007


This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

Religion Conflict And Democracy In Modern Africa

Religion  Conflict  and Democracy in Modern Africa PDF

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Author: Samuel K. Elolia
Publisher: Wipf and Stock Publishers
ISBN: 1621891712
Size: 33.95 MB
Format: PDF, ePub, Docs
Category : Religion
Languages : en
Pages : 386
View: 6345


Spanning various regions of Sub-Saharan Africa, the authors of this volume come together to explore the complex relationship between religion and democracy in contemporary Africa. As a result of the end of the Cold War and the fall of the Soviet Union, many African countries have come to the realization, however partial, that political and social change is inevitable in spite of government heavy-handedness and threats. It has also become evident that no political system that refuses to permit freedom of political expression and alternative systems of governance could continue to be sustained. It is in precisely this political climate that religious institutions have collaborated with other elements of civil society to call for political reforms, with the church often becoming the prominent voice against oppressive governments in countries such as Kenya and South Africa. It is the purpose of this book to assess how religion shapes political issues and to what extent religious forces influence the civil society. By acknowledging the role of the civil society, the essays recognize the resilience that comes out of Africa even when the sociopolitical situation seems unbearable.

The Crisis Of Islamic Masculinities

The Crisis of Islamic Masculinities PDF

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Author: Amanullah De Sondy
Publisher: A&C Black
ISBN: 178093744X
Size: 68.43 MB
Format: PDF, Docs
Category : Religion
Languages : en
Pages : 256
View: 4755


Rigid notions of masculinity are causing crisis in the global Islamic community. These are articulated from the Qur'an, its commentary, historical precedents and societal, religious and familial obligations. Some Muslims who don't agree with narrow constructs of manliness feel forced to consider themselves secular and therefore outside the religious community. In order to evaluate whether there really is only one valid, ideal Islamic masculinity, The Crisis of Islamic Masculinities explores key figures of the Qur'an and Indian-Pakistani Islamic history, and exposes the precariousness of tight constraints on Islamic manhood. By examining Qur'anic arguments and the strict social responsibilities advocated along with narrow Islamic masculinities, Amanullah De Sondy shows that God and women (to whom Muslim men relate but are different from) often act as foils for the construction of masculinity. He argues the constrainers of masculinity have used God and women to think with and to dominate through and that rigid gender roles are the product of a misguided enterprise: the highly personal relationship between humans and God does not lend itself to the organization of society, because that relationship cannot be typified and replicated. Discussions and debates surrounding Islamic masculinities are quickly finding their place in the study of Islam and Muslims, and The Crisis of Islamic Masculinities makes a vital contribution to this emerging field.

Working Women And Their Rights In The Workplace

Working Women and their Rights in the Workplace PDF

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Author: Naeima Faraj A.A. Al-Hadad
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472445015
Size: 48.88 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 288
View: 1762


This book addresses women’s rights to work and motherhood in Libya from a legal and international human rights perspective. In an attempt to solve the problem posed by the perception that there is an unsolvable conflict between the right of women to work and their right to motherhood, the author considers how these two sets of rights, as protected under international human rights law, can and should be recognised and promoted within the Libyan legal system. Including first-hand accounts of experiences of Libyan women, the study voices their struggle for their rights as guaranteed by domestic law, international conventions and Islam. Providing a rare insight into a region striving to find its new identity, the author assesses the adequacy of existing Libyan laws and, where warranted, offers proposals for legislative amendments to Libyan policy makers and its new Parliament at such a crucial time in the nation’s history.

Gender And Power In Indonesian Islam

Gender and Power in Indonesian Islam PDF

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Author: Bianca J. Smith
Publisher: Routledge
ISBN: 1136024409
Size: 37.12 MB
Format: PDF, ePub
Category : Social Science
Languages : en
Pages : 208
View: 5992


The traditional Islamic boarding schools known as pesantren are crucial centres of Muslim learning and culture within Indonesia, but their cultural significance has been underexplored. This book is the first to explore understandings of gender and Islam in pesantren and Sufi orders in Indonesia. By considering these distinct but related Muslim gender cultures in Java, Lombok and Aceh, the book examines the broader function of pesantren as a force for both redefining existing modes of Muslim subjectivity and cultivating new ones. It demonstrates how, as Muslim women rise to positions of power and authority in this patriarchal domain, they challenge and negotiate "normative" Muslim patriarchy while establishing their own Muslim "authenticity." The book goes on to question the comparison of Indonesian Islam with the Arab Middle East, challenging the adoption of expatriate and diasporic Middle Eastern Muslim feminist discourses and secular western feminist analyses in Indonesian contexts. Based on extensive fieldwork, the book explores configurations of female leadership, power, feminisms and sexuality to reveal multiple Muslim selves in pesantren and Sufi orders, not only as centres of learning, but also as social spaces in which the interplay of gender, politics, status, power and piety shape the course of life.

Religion And Politics In Kenya

Religion and Politics in Kenya PDF

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Author: B. Knighton
Publisher: Springer
ISBN: 0230100511
Size: 29.38 MB
Format: PDF, Kindle
Category : Religion
Languages : en
Pages : 294
View: 5013


Addresses the various political aspects of the Kenyan political mosaic during the time of Bishop David Gitari, later Archbishop 1997-2002. These essays focus on both this courageous man and the various aspects of the political mosaic in Kenya at that time to 2008, in an effort to bring out the religious dimensions of Kenyan and African politics.

Women Islam And Everyday Life

Women  Islam and Everyday Life PDF

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Author: Nina Nurmila
Publisher: Routledge
ISBN: 1134033702
Size: 24.28 MB
Format: PDF, ePub, Mobi
Category : Political Science
Languages : en
Pages : 216
View: 442


This book examines Islam and women’s everyday life, focusing in particular on the highly controversial issue of polygamy. It discusses the competing interpretations of the Qur’anic verses that are at the heart of Muslim controversies over polygamy, with some groups believing that Islam enshrines polygamy as a male right, others seeing it as permitted but discouraged in favour of monogamy, and other groups arguing that Islam implicitly prohibits polygamy. Based on detailed fieldwork conducted in Indonesia, it provides an empirically-based account of women’s lived experiences in polygamous marriages, describing the different perceptions of the practice and strategies in dealing with it. It also considers the impact of changing public policy, in particular Indonesia’s 1974 Marriage Law which restricted the practice of polygamy. It shows that, in fact, this law has not resulted in widespread adherence, and considers how public policy could be modified to increase its effectiveness in affecting behaviour in everyday life. Overall, the book argues that polygamy has been a source of injustice towards women and children, that this is against Islamic teaching, and that a just Islamic law would need to call for the abolition of polygamy.

Islamic Thought

Islamic Thought PDF

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Author: Abdullah Saeed
Publisher: Routledge
ISBN: 1134225644
Size: 71.18 MB
Format: PDF, Mobi
Category : Religion
Languages : en
Pages : 224
View: 2032


Islamic Thought is a fresh and contemporary introduction to the philosophies and doctrines of Islam. Abdullah Saeed, a distinguished Muslim scholar, traces the development of religious knowledge in Islam, from the pre-modern to the modern period. The book focuses on Muslim thought, as well as the development, production and transmission of religious knowledge, and the trends, schools and movements that have contributed to the production of this knowledge. Key topics in Islamic culture are explored, including the development of the Islamic intellectual tradition, the two foundation texts, the Qur’an and Hadith, legal thought, theological thought, mystical thought, Islamic Art, philosophical thought, political thought, and renewal, reform and rethinking today. Through this rich and varied discussion, Saeed presents a fascinating depiction of how Islam was lived in the past and how its adherents practise it in the present. Islamic Thought is essential reading for students beginning the study of Islam but will also interest anyone seeking to learn more about one of the world’s great religions.

Muslim Marriage In Western Courts

Muslim Marriage in Western Courts PDF

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Author: Dr Pascale Fournier
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497232
Size: 51.76 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 228
View: 1281


This book describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. It explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr. Although the outcomes of the cases provide an illustrative framework for the book, the focus is broader than simply the adjudicative endeavours. The work explores the concept of liberalism, which purportedly champions individuals and individual choice concurrently with freedom and equality. Tensions between and among these concepts, however, inevitably arise. The acknowledgment and exploration of these intertwined tensions forms an important underpinning for the book. Through the analysis of case law from these four countries, this study suggests that transplanting Mahr from Islamic law into a Western courtroom cannot be undone: it immediately becomes rooted in the countries' legal, historical, political, and social backgrounds and flourishes (or fails) in diverse and unexpected ways. Rather than being the concept described by classical Islamic jurists, Mahr is interpreted according to wildly varied legal constructs and concepts such as multiculturalism, fairness, public policy, and gender equality. Moreover, Islamic law travels with a multiplicity of voices, and it is this complex hybridity (a fragmented and disjointed Mahr) which will be mediated through Western law. Returning to the overarching concept of liberalism, the book proposes that distributive consequences rather than recognition occupy central place in the evaluation of the legal options available to Muslim women upon divorce.

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