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"Islamic Natural Law Theories offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to the central figures in the Islamic natural law tradition and their canonical works, analyzes the historical development of Islamic jurisprudence and explains the major contrasts with Western traditions of natural law. 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, and thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God and their implications on moral agency. For them, nature became the link between the divine will and human reason. Nature is the product of God's willful 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 a result of God's justice or grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic tradition of jurisprudence, the book sheds substantial light on an uncharted tradition of natural law theory, and on the proper understanding of Islamic faith"--
Islamic law --- Natural law --- Religious aspects --- Islam --- Islamic law. --- Islam. --- Natural law - Religious aspects - Islam
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Dhimmis (Islamic law) --- Islam and secularism --- Pluralism --- Minorities --- Pluralism. --- 297.15 --- Ethnic minorities --- Foreign population --- Minority groups --- Persons --- Assimilation (Sociology) --- Discrimination --- Ethnic relations --- Majorities --- Plebiscite --- Race relations --- Segregation --- Monadology --- Monism --- Philosophy --- Reality --- Islam: ethiek; religieuze wetten --- 297.15 Islam: ethiek; religieuze wetten --- Religious pluralism --- Pluralism (Religion) --- Religion --- Religions --- Dhimmis --- Non-Muslims (Islamic law) --- Islamic law --- Islam --- Islamic countries --- Muslim countries --- Ethnic relations. --- Minorities - Islamic countries
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The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religiousdifference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and there
Islamic law. --- Religious pluralism --- Dhimmis (Islamic law) --- Islam. --- Dhimmis --- Non-Muslims (Islamic law) --- Islamic law --- Pluralism (Religion) --- Pluralism --- Religion --- Religions --- Civil law (Islamic law) --- Law, Arab --- Law, Islamic --- Law in the Qurʼan --- Sharia (Islamic law) --- Shariʻah (Islamic law) --- Law, Oriental --- Law, Semitic --- Islamic countries --- Ethnic relations. --- Muslim countries
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This text offers a sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to the central figures in the Islamic natural law tradition and their canonical works, analyses the historical development of Islamic jurisprudence and explains the major contrasts with Western traditions of natural law.
Islamic law. --- Natural law --- Religious aspects --- Islam. --- Civil law (Islamic law) --- Law, Arab --- Law, Islamic --- Law in the Qurʼan --- Sharia (Islamic law) --- Shariʻah (Islamic law) --- Law, Oriental --- Law, Semitic
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"This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come"--Book jacket.
Islamic law. --- Civil law (Islamic law) --- Law, Arab --- Law, Islamic --- Law in the Qurʼan --- Sharia (Islamic law) --- Shariʻah (Islamic law) --- Law, Oriental --- Law, Semitic --- E-books --- Islamic law --- 86.14 Islamic law. --- Droit islamique.
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Jurisdictional Exceptionalisms examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another.
Conflict of laws --- Parental kidnapping --- Custody of children (Islamic law) --- Criminal law --- Parent and child (Law) --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Ḥaḍānah (Islamic law) --- Islamic law --- Kidnapping, Parental --- Kidnapping --- Custody of children --- Custody of children. --- Law and legislation --- Law and legislation. --- Civil law --- Convention on the Civil Aspects of International Child Abduction --- Convention sur les aspects civils de l'enlèvement international d'enfants --- Guo ji you guai er tong min shi fang mian de gong yue --- Hague Convention on the Civil Aspects of International Child Abduction --- Konvention om de civila aspekterna på internationella bortföranden av barn --- Uluslararası Çocuk Kaçırmanın Hukuki Veçhelerine Dair Sözleşme --- Hague Abduction Convention
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This book engages the diverse meanings and interpretations of Islamic and Western law which have affected people and societies across the globe, past and present, in correlation to the epistemological groundings of those meanings and interpretations. The volume takes a distinctively comparative approach, advancing dialogue on crucial transnational and global debates over the history of Western and Islamic approaches to law, politics and society and their relevance for today. It discusses how fundamental concepts are understood and even translated from one historical or political context or one semantic domain to another. The book provides focused studies of key figures and theories in a manageable, accessible format useful for specialized academic courses and research as well as general audiences. These analyses will prove beneficial to scholars and students of religious studies, interreligious, intercultural, and international relations, political science, history, sociology, and related fields both within and beyond the Western and Islamic worlds, as well as generally educated readers who take interest in these issues and their ramifications.
Religion and law. --- Islam and politics. --- Religion and politics. --- Political science --- Politics, Practical --- Politics and religion --- Religion --- Religions --- Islam --- Politics and Islam --- Law --- Law and religion --- Religious aspects --- Political aspects --- Islamic civilization. --- Civilization, Western. --- Civilization, Occidental --- Occidental civilization --- Western civilization --- Civilization, Islamic --- Muslim civilization --- Civilization --- Civilization, Arab --- World politics. --- World history. --- Politics and Religion. --- Political History. --- History of Religion. --- World History, Global and Transnational History. --- Universal history --- History --- Religious history --- Colonialism --- Global politics --- International politics --- Political history --- World history --- Eastern question --- Geopolitics --- International organization --- International relations --- History. --- Western countries --- Western countries. --- Politics and government.
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This book engages the diverse meanings and interpretations of Islamic and Western law which have affected people and societies across the globe, past and present, in correlation to the epistemological groundings of those meanings and interpretations. The volume takes a distinctively comparative approach, advancing dialogue on crucial transnational and global debates over the history of Western and Islamic approaches to law, politics and society and their relevance for today. It discusses how fundamental concepts are understood and even translated from one historical or political context or one semantic domain to another. The book provides focused studies of key figures and theories in a manageable, accessible format useful for specialized academic courses and research as well as general audiences. These analyses will prove beneficial to scholars and students of religious studies, interreligious, intercultural, and international relations, political science, history, sociology, and related fields both within and beyond the Western and Islamic worlds, as well as generally educated readers who take interest in these issues and their ramifications.
Religious studies --- Politics --- World history --- History --- wereldgeschiedenis --- religie --- geschiedenis --- politiek --- wereldpolitiek
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Civil rights (Islamic law) --- Human rights --- International law and human rights --- Freedom of expression (Islamic law) --- Minorities (Islamic law) --- Women (Islamic law) --- Religious aspects --- Islam --- Islamic law --- Women --- Human rights and international law --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Legal status, laws, etc. (Islamic law) --- Law and legislation --- Civil rights (Islamic law) - Congresses --- Human rights - Religious aspects - Islam - Congresses --- International law and human rights - Congresses --- Freedom of expression (Islamic law) - Congresses --- Minorities (Islamic law) - Congresses --- Women (Islamic law) - Congresses
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