This book is a comprehensive analysis of the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran.

The Islamic Law of War: Justifications and Regulations. By Ahmed Al-Dawoody. Palgrave Series in Islamic Theology, Law, and History, vol. 2. New York: Palgrave Macmillan, 2011. Pp. xiii + 338. $90.

Islamic Law in Circulation: Shāfiʿī Texts across the Indian Ocean and the Mediterranean By KooriaMahmood (Cambridge: Cambridge University Press, 2022. Cambridge Studies in Islamic Civilization), xvi + 450 pp. Price HB £105.00. EAN 978–1009098038.

Book Review: Ahmed Al Dawoody, The Islamic Law of War - Justifications and Regulations -.

In institutional settings affecting the formulation and implementation of international foreign and security policy, nation-states are influenced by Western standards of jurisprudence without explicit concern for religiously grounded legal frameworks. The question at issue here is whether there is a role for Islamic law in the formulation of international law, given recent literature examining this conjunction. For some, cultural symmetry requires attention to Islamic law, e.g., the Islamic law of nations, in the same way Western modernity evolved (...) contemporary international law out of a concept of a “law of nations”. In a historical period of asserted fundamentalist Islamic ideology as well as post-9/11 neo-conservative political ideology, there is ample need for negotiation of culture, including philosophical foundations of law, in which case attention to Islamic jurisprudence may well be a positive development to advance the cause of an evolving international legal order. (shrink)

In this article, I first criticize commonly held assumptions about what Islamic law is. I suggest that it is at best useless and at worst wrong to start with a label like ‘Islamic law’ to describe something that is presumed to be an instance of such a label. I identify the source of confusion, i.e. the postulate that there must be a kind of genealogical continuity between what people refer to as Islamic law and Islamic law (...) as it is found in the heterogeneous legacy of sharî’a and fiqh treatises. My contention is that Islamic law is what people consider as Islamic law, nothing more, nothing less, and that it is up to theologians, believers and citizens, not social scientists, to decide whether something does conform or not to some ‘grand tradition’. Second, I argue that instead of looking at the hypothetical Islamic-law model, which something like Egyptian personal status law would be an instance of, the task of social scientists is, rather, to describe the situations, the mechanisms and the processes through which people orient themselves to something they call ‘Islamic law’. This position is grounded on a principle of indifference that seeks to avoid any normative and evaluative engagement: the focus is put on the description of practices, not on their evaluation. Moreover, this position is based upon the refusal of any ironical standpoint. In other words, it denies that social scientists occupy any kind of overhanging position vis-a-vis the social that would allow them to ‘reveal’ to ‘self-deceived people’ the truth that is concealed from them because of their ‘lack of critical distance’, ‘ignorance’ and/or ‘bad faith’. Third, I ground this praxiological re-specification in examples drawn from Egyptian judicial activity in the field of personal status. (shrink)

The purpose of the paper is to examine free trade in Islamic law.

Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt. By Kristen Stilt. New York: Oxford University Press, 2011. Pp. xv + 238. $100.

The article analyses Egyptian jurisprudence on the issue of apostasy, with a focus on conversion from Islam to Christianity. It argues that the Egyptian judiciary has failed to develop a harmonious relationship between Islamic law and the principle of freedom of religion. It looks at how the majority of cases examined before the Egyptian judiciary reveal a continued tension between freedom of religion as defined in international human rights law and its judges’ interpretation of Islamic law as a (...) constitutive element of public order. Recently, the Supreme Administrative Court tried to break through traditional barriers regarding the right of converts of Christian origin to record their re-affiliation to Christianity in their documents of identification, and pragmatically justified this precedent in light of the requirements of modern states, whereby identity cards should reflect the correct information of each citizen. Yet it argues that the court was not conscious of freedom of religion as a fundamental individual right, and moreover, that this precedent has not been followed with respect to converts of Islamic origin. Finally, the paper argues that, for a sustainable solution to the legal tensions concerning apostasy in Egyptian courts, a new perspective is required on the relationship between Islamic law and religious freedom whereby the universal understanding of freedom of religion can be legitimized from within Islamic legal traditions. The article also proposes a set of constitutional and legal measures to enhance freedom of religion in Egypt. (shrink)

One of the ways Islamic tradition addresses questions of military ethics is through inquiries into the shari'a, indicating the ideal way of life and usually rendered as Islamic 'law'. Discussion of the shari?a includes an extended conversation concerning the justification and conduct of war. The work of al-Shaybani (d. 804) and other early scholars in the Hanafi school illustrates an important moment in this conversation, establishing precedents to which subsequent generations of Muslims (including contemporary Muslims) must respond. Further, (...) the accomplishments of these scholars provide an important example to all those engaged in thinking about military ethics. (shrink)

One solution to prevent the spread of coronavirus disease 2019 (COVID-19) is getting vaccinated. The promotion of vaccines through religion helps to control the pandemic. One of the causes of doubts about vaccination in society is religious understanding. Vaccination has an important correlation with Islamic law or Islamic jurisprudence. This research aims to analyse the effect of understanding Islamic law on doubts about vaccination. This research used quantitative pre-experimental designs. The research sample consisted of 160 people who (...) were not vaccinated. The sampling technique involved a non-random sampling method. The data analysis is descriptive and inferential. The results of this research showed the following: (1) the understanding of Islamic law related to the status of halal and haram has a positive influence on the Muslim community's willingness to vaccinate, (2) the understanding of the emergency concept can increase confidence in vaccines and (3) the education related to understanding Islamic law can effectively reduce doubts about vaccination. CONTRIBUTION: This research provides knowledge about the COVID-19 vaccine from the perspective of Islamic law. This research provides a new strategy to reduce public doubts about vaccination. (shrink)

Nowadays, genetically modified foods find application in many sectors from livestock to health and especially in agriculture. From Islamic law perspective, the critical point is to know whether the modern biotechnology is properly used in genetically modified food production and whether these products are suitable for human health and whether all production stages are halal. Another important point is the uncertainty that may arise during the production and whether the precaution can be taken. The Islamic law methodology is (...) of great importance in understanding and resolving the above issues in line with religious values and scientific data together. This paper outlines how the Islamic law methodology can be applied to the issues of genetically modified goods in an interdisciplinary framework, by combining the pillars of Islam and scientific knowledge, and thus promoting what is morally, legally and economically beneficial for halal nutrition and life, for all humanity, Muslims and non-Muslims. We reach the conclusion that there are no definitive provisions set by Islamic law about these issues but they can be resolved within the scope of maslahah and maqasid, which is to achieve the righteous and eliminate the harmful. (shrink)

The object of this paper is to elaborate an understanding of Islamic law and legal theory in terms of the conceptual framework provided by Legal Positivism. The study is not based on denying or contesting the claim of Islamic law to being of divine origin; rather, it is based on the historical reality of Islamic law as part of a (once) living legal tradition, with structure, method, and theory, regardless of claims of origin. It will be suggested (...) that Ash‘arism may be taken as providing an Islamic version of Legal Positivism, and that the objections which Mu‘tazilism raised in the face of Ash‘arism were not different in substance from some of the objections that have been directed at contemporary Legal Positivism. It will also be suggested that the Ash‘arites and the Mu‘tazilites were not opposed to each other in the way they are commonly supposed to have been. Rather, they were preoccupied with different notions of what it is to be obliged (to have an obligation) to do something. (shrink)

This paper is intended to elaborate the anthropocentric paradigm in the study of Islamic law which is done for two reasons. The first is the increasing trend of theocentricism within various puritan communities. This trend rejects the contextualization of Islamic law and has the potential to produce radical movements in the name of religion. The second is that, Islamic law studies is still rarely associated with the issues of legal paradigms, even though they are considered as the (...) foundation in the establishment of Islamic law. Thus, this paper is written as an attempt to make the prophetic social science paradigma an analytical tool for puritans’ Islamic law epistemology. This study reveals that the epistemological demystification is very important for the study of contemporary Islamic law. There are two steps in carrying out epistemological demystification: the first is the transformation of the basic structure of Islamic law. This transformation requires a shifting issue from theocentric to the anthropocentrism. The transformative theoanthropocentric paradigm as the basic legal structure has the capability to contextualize Islamic law which is not only relevant to the Muslim community, but also to the community as a whole. The second is the development of a theoretical framework. Concerning with this, Kuntowijoyo offers analytic-synthetic theories which accommodate a demystified vision as a link to a transformative theological foundation. (shrink)

The Ashgate Research Companion to Islamic Law. Edited by Rudolph Peters and Peri Bearman. Farnham, Surrey, UK: Ashgate, 2014. Pp. x + 345. $149.95, £95.

Child Custody in Islamic Law: Theory and Practice in Egypt since the Sixteenth Century. By Ahmed Fekry Ibrahim. Cambridge: Cambridge University Press, 2018. Pp. ix + 266. $99.99, £75.

Islamic Law in Theory: Studies on Jurisprudence in Honor of Bernard Weiss. Edited by A. Kevin Reinhart and Robert Gleave. Studies on Islamic Law and Society, vol. 37. Leiden: Brill, 2014. Pp. xx + 370. $181, €140.

Verse 4:34 of the Qur'an has historically been interpreted to give husbands authority over their wives. Even today, such as in a recent case in the United Arab Emirates, Islamic courts have held that the husband has some leeway in "disciplining" wives who act in a rebellious manner to their husbands. This article challenges this interpretation through a comprehensive legal analysis, taking into account the context under which the verse came about, including the societal norms and conditions of the (...) time; the Prophet Muhammad’s profound views against violence towards women; the values of marriage emphasized in the Qur’an; the Qur’an’s incremental approach to improving social behavior and practice; and the higher objectives of Islamic law. (shrink)

In Quest of Justice: Islamic Law and Forensic Medicine in Modern Egypt. By Khaled Fahmy. Oakland: University of California Press, 2018. Pp. xiii + 377. $39.95.

Human rights in Islam is a complex issue on which influential Muslims have expressed diverse perspectives. This article identifies the different views held by several scholars, and examines the way in which those views are reflected or contested in contemporary Islamic discourses and particularly the discourses of Saudi scholars. It also argues that different opinions are not necessarily based on a specific Islamic sect but on the perception of international norms and on the readings and interpretation of (...) class='Hi'>Islamic texts as well. (shrink)

This study highlights various totalitarian and undemocratic practices in which Bangladesh’s current Awami League-led coalition regime engages. It shows that since its inception in early 2009, the regime has tried to mobilize and manipulate public support from within through—among other means—creating the discourse of “war crimes” and to obtain international support through the discourse of “Islamism” and terrorism. Although “a secular plan” to combat and replace “Islamism” may soothe the nerves of many in the international community, its deployment in Bangladesh (...) has paradoxically produced a dangerous culture of disappearances and extrajudicial killings, infringements on freedom of speech and the stifling of dissenting voices, and the interception of opposition programs and the torture of opposition leaders and activists. The regime has also made a mockery of the law and the country’s judicial system. Many commentators believe that the country’s law courts are now simply an extension of the regime’s political clout. In these circumstances, political repression continues unabated, and victims of persecution are left with inadequate legal recourse. In the name of combating “Islamic terrorism,” Bangladesh’s ruling regime has resorted to a reign of terror that is in many respects tantamount to what we know as fascism. (shrink)

Abstract: The discovery of DNA paternity tests has stirred a debate concerning the definition of paternity and whether the grounds for such a definition are legal or biological. According to the classical rules of Islamic law, paternity is established and negated on the basis of a valid marriage. Modern biomedical technology raises the question of whether paternity tests can be the sole basis for paternity, even independently of marriage. Although on the surface this technology seems to challenge the authority (...) of Islamic law in this area, the paper argues that classical Islamic rulings pertaining to paternity issues continue to hold higher authority even in cases of conflict with modern technology-based alternatives. Through closer analysis, the paper traces the emergence of a differentiation in the function of DNA tests between identity and paternity verification. While the former is accepted without reservation, the latter is approved only when it does not violate the rulings of Islamic law. (shrink)

This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.

The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education.

This study examined the contemporary ijtihād paradigm, especially in understanding the Islamic law sources, according to Muḥammad Shaḥrūr. This study focused on answering two things, namely Shaḥrūr's thinking in understanding the sources of contemporary Islamic law and compared it with the opinions of 'ulamā (Muslim scholars in Islamic law). An explorative method was used to explore the Shaḥrūr's thinking in understanding the contemporary Islamic law sources, and a comparative method was used to analyse it using 'ulamā's (...) methodology. This research study used an Islamic law methodology (uṣūl al-fiqh) approach. This study concluded that the Shaḥrūr's thinking in understanding the sources of contemporary Islamic law is not comprehensive and less of combination among sources and propositions used by 'ulamā. Etymology understanding is most dominant in his methodology. In addition, there are some misunderstandings on Islamic law concepts raised by 'ulamā. CONTRIBUTION: This research enriched the study of contemporary Islamic law in responding to challenges of different times. Shaḥrūr offered a new paradigm that in al-Quran, the laws have certain limits and they should not be violated. The sunnah was divided into two parts, the changing and the unchanging. Qiyas is an analogy with the problems that happen now with those that happened in the past. And ijma is an agreement from people who have authority in certain matters. (shrink)

The NGO Forum, held in Houairou, China, in the fall of 1995, was a defining moment in the global dialogue among women on issues relating to Islam. Prior to that event, discussions of Islamic shari'ah law (law based on religious foundations), in particular, and Islam, in general, had been escalating both in the West and in Muslim countries. In the regional conferences held in preparation for the United Nations Fourth World Conference on Women, held concurrently with the NGO Forum, (...) the intellectual fault‐lines surrounding these issues became pronounced between two radically different schools of thought. The first school of thought argued that shari'ah law was outmoded and should be discarded in favor of a modern Western secular model. The second school of thought denied any problems under existing shari'ah laws. Each group felt very strongly about its point of view. The battle was joined in Houairou. (shrink)

Sexual Violation in Islamic Law: Substance, Evidence, and Procedure By AzamHina, xi + 270 pp. Price HB £60.00. EAN 978–1107094246.

Sexual Violation in Islamic Law: Substance, Evidence, and Procedure. By Hina Azam. Cambridge Studies in Islamic Civilization. New York: Cambridge University Press, 2015. Pp. xi + 270. $95.

This paper by using the ijtihad paradigm of maqâshid al-syarî’ah of JasserAudah and the descriptive-analytical approach, would like to emphasize that the role of religion and economic welfare are two things that cannot be separated. Although in practice these two things often face obstacles, especially in the matter of diversity in religious life because of the superficial ijtihad paradigm of Islamic law. Based on the contemporary paradigm that seeks to provide new criteria in the conception of qath’i al-dlilalah and (...) dlanni al-dlilalah, it can be stated that the contemporary Islamic law paradigm that needs to be built must be based on the development of citizens’ welfare Muslims, but also must be the same as non-Muslims because of that we need to carry out financial and economic reforms ; protection of freedom of thought and freedom of religion is an important aspect that must be maintained to guarantee the peace and harmony of the nation’s life in the territory of Indonesia. Therefore, the religious and economic aspects must be prioritized for their protection and safety. (shrink)

In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah.

The concept of family economy in Islam has been addressed under various issues in classical sources though not extensively discussed in the classical literature. Islamic jurisprudence generally embraces pragmatical approach and pays attention to the needs of society. It is evident that economic relationship within the family is not addressed under a single heading in classical sources, but rather evaluated under numerous headings. From this perspective, it can be observed that each individual within the family concept enjoys distinct economic (...) rights and responsibilities. The social, ethical and financial responsibilities in the family are carried out within the framework of maintenance. In this respect, the Islamic legal system approaches the concept of family economy with a balanced view between income and expenditure, lawful and unlawful, and blessing and burden, and does not evaluate the issue purely as an economic activity. However, in contemporary times, the term family economy is understood more in terms of the economic and legal statues of the individuals within the family, such as their handling and responsibilities concerning acquired properties and the nature and manner of property distribution. This approach significantly diverges from the individual and social responsibilities entailed by property ownership in Islamic law. In Islam, the possession of individual economic rights and freedoms does not imply that one has no responsibilities towards others and cannot act irresponsibly. Based on this fundamental paradigm difference, this article aims to analyze the concept of family economy from the standpoint of Islamic law, discussing what it is and is not. The study has revealed that, even today, economic interests and activities within the family sometimes lead to conflicts, causing the parties to abandon their ethical and religious responsibilities in favor of establishing definite lines solely based on legal grounds. This, in turn, significantly undermines the essence and continuity of being and remaining a family. Furthermore, when examining writings that attempt to explain the economic status of the family according to Islamic law, it is evident that the provisions found in classical fiqh books, which were arranged according to the human, Islamic, and customary structure of that period and were quite functional, are repeated without considering the contemporary societal structure and changing human character. Although these provisions are accurate and effective within their own context, they are deemed inapplicable by modern individuals, rendering them ineffective. The appropriate way to address this issue can be to emphasize that the rules concerning family economy in classical fiqh are not merely ethical and conscientious, but that legal intervention will ensue if they are not adhered to. The fundamental assertion of this article is based on this premise: the concept of family economy inherently exists in Islamic law, imposes various responsibilities on the parties, is structured on a balance of blessings and burdens, and entails legal, ethical and religious responsibilities. (shrink)

The judgeship is one of the oldest professions in history. In the Hebrews, which is a divinely based legal system, judgeship arised and practiced both by the Torah and later by the contributions of jurists. In the Torah, which is the main source of Hebrew law, it is mentioned that the other prophets and Moses were authorized both as rulers and judges. Moreover, judges are ordered to make fair judgments on the basis of protecting the weak and prohibited of bribery. (...) We see that there are similar or even the same provisions in Islamic law. In Islamic law, it is seen that both the previous prophets and the last prophet Muhammad have the powers as prophet, ruler and judge. Moreover, in the Qur'an, judges are ordered to make judgments fairly, avoid bribery and without favoring any litigants. In this study, the rules of ancient Hebrew law and the Islamic law will be compared. Since the subject is limited to judges and courts, first the status and appointment of judges will be explained, then the courts and the trial procedure will be compared, and afterwards the responsibilities of judges and the qualifications required to be appointed as a judge will be discussed. In this respect, the rules in Hebrew law will be compared with Islamic law only in the light of the information given, and the more detailed rules in Islamic law will not be cited because they don’t have equivalents in Hebrew law. (shrink)

Leaving Iberia: Islamic Law and Christian Conquest in North West Africa. By Jocelyn Hendrickson. Harvard Series in Islamic Law, vol. 9. Har- vard: Program in Islamic Law, Harvard Law SchooL, 2021. Pp. xii + 417. $50, £43.95, €45.95. [Distributed by Harvard University Press].

This qualitative research is a philosophical review about analyzing how circumcision can (cannot) be morally justified. It is typically assumed among Muslims that circumcision is mandatory according to Islamic law (Sharia). However, in this paper, I will argue that this is not clear in Islamic texts. Because firstly there is no textual evidence in the Quran about this matter and secondly permissibility of circumcision is not an agreed topic among Muslim scholars. This entails that circumcision is not a (...) necessary part of being a Muslim. Although this idea seems idiosyncratic according to the majority of Muslims, I’m inclined to emphasize that we should not marginalize this idea, rather we have to support it for educational prosperity in Muslim communities. But perhaps more importantly this paper helps to introduce new Muslim intellectuals’ argument that moral reasoning is independent from (and even superior to) Islamic law. Since we do not have ultimate and decisive secular reason (e.g., medical reason) against male circumcision in every occasion, therefore, morally speaking, I believe it is not reasonable to say that male circumcision is always wrong. Muslims who support male circumcision still can find some secular reasons to defend this from their cultural identity. (shrink)

This work analyzes the history of the application of Islamic law (Shari`ah) in Nigeria. It analyzes how Islamic law emerged in Nigeria toward the beginning of the 19th century and remained applicable until the arrival of the British Colonial regime in Northern Nigeria in 1903. It sheds light on how the law survived colonial rule and continues until today. Dr. Yushau Sodiq analyzes progressive elements in Islamic law over the past two centuries. He goes on to discuss (...) many objections raised by the Nigerian Christians against the application of Islamic law, as well as how Muslims respond to such criticism. In a world that is often saturated with Islamophobia and ignorant misconceptions about Islam, this book aims to clarify and respond to many important concepts and ideas within Islamic religious tradition. (shrink)

In Islamic law paternity is treated as a consequence of a licit sexual relationship. Since DNA testing makes a clear distinction between legal and biological paternity possible, it challenges the continued correlation between paternity and marriage. This article explores the foundations of paternity regulations in the Islamic ethico-legal tradition, with a particular focus on what is termed here “the licit sex principle,” and investigates the extent to which a harm-based argument can be made either by appeal to or (...) against Islamic paternity regulations. It argues that in Islamic bioethics the definition of harm and its boundaries is a function of both: (1) identification of legal and religious rights and the extent to which these rights are violated; and (2) balancing and reconciling perceived harm against both specific principles in relation to a given issue and also the overarching objectives of Islamic law. The article is divided into three main sections addressing the Islamic legal, ethical, and bioethical dimensions of paternity. (shrink)

In the absence of a codified Family Law, the Kingdom of Saudi Arabia has traditionally applied the Hanbali school of Islamic Law in its family courts. However, the court’s handling of children’s custody cases has been criticised as being too rigid and narrow in interpreting the principles of Islamic Law. To overcome some of the problems faced in children’s custody cases, the Saudi authorities have recently made a number of Directions and Decisions for the family courts to follow. (...) Through looking at these measures and some relevant court judgements, this Article aims to shed some light on the effect of these changes in emphasising the human rights of children in family law cases. (shrink)

Decision-makers in governments, enterprises, businesses and agencies or individuals, typically, make decisions according to various regulations, guidelines and policies based on existing records stored in various databases, in particular, relational databases. To assist decision-makers, an expert system, encompasses interactive computer-based systems or subsystems to support the decision-making process. Typically, most expert systems are built on top of transaction systems, databases, and data models and restricted in decision-making to the analysis, processing and presenting data and information, and they do not provide (...) support for the normative layer. This paper will provide a solution to one specific problem that arises from this situation, namely the lack of tool/mechanism to demonstrate how an expert system is well-suited for supporting decision-making activities drawn from existing records and relevant legal requirements aligned existing records stored in various databases.We present a Rule-based reporting systems architecture, which is intended to integrate databases, in particular, relational databases, with a logic-based reasoner and rule engine to assist in decision-making or create reports according to legal norms. We argue that the resulting RuleRS provides an efficient and flexible solution to the problem at hand using defeasible inference. To this end, we have also conducted empirical evaluations of RuleRS performance. (shrink)