Islamic Law

Understanding Sharia: Islamic Law in a Globalised World

Edited by Raficq S. Abdulla · Mohamed M. Keshavjee
I.B. Tauris April 2018

Specifications

ISBN-13
9781788313193
Publisher
I.B. Tauris
Publication
April 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Sharia has been a source of misunderstanding and misconception in both the Muslim and non-Muslim worlds. Understanding Sharia: Islamic Law in a Globalised World sets out to explore the reality of sharia, contextualising its development in the early centuries of Islam and showing how it evolved in line with historical and social circumstances. The authors, Raficq S. Abdulla and Mohamed M. Keshavjee, both British-trained lawyers, argue that sharia and the positive law flowing from it, known as fiqh, have never been an exclusive legal system or a fixed set of beliefs. In addition to tracing the history of sharia, the book offers a critique concerning its status today. Sharia is examined with regard to particular issues that are of paramount importance in the contemporary world, such as human rights; criminal penalties, including those dealing with apostasy, blasphemy and adultery, commercial transactions, and bio-medical ethics, amongst other subjects. The authors show that sharia is a legal system underpinned by ethical principles that are open to change in different circumstances and contexts, notwithstanding the claims for `transcendental permanence' made by Islamists. This book encourages new thinking about the history of sharia and its role in the modern world.

Table of Contents

Chapter 1: Sharia - Origin through Revelation, Historical Development and Change.
Chapter 2: Legal Practice under the Umayyads
Chapter 3: Consolidation of the Schools of Law under the Abbasids
Chapter 4: Developments after Shafi?i
Chapter 5: Further Geographical Expansion and Cultural Accommodation
Chapter 6: Call for Reform - from Tanzimat to the Arab Spring
Chapter 7: Shi?i Legal Understanding and Theory of Law
Chapter 8: The Multiple Manifestations of Sharia
Chapter 9: Neo-Ijtihad
Chapter 10: Sharia and Human Rights
Chapter 11: Criminal Justice in Islam
Chapter 12: Islam and Ethics
Chapter 13: Critique Appendix Schools of Law in Islam (madhahib)
Glossary
Index
Bibliography
Index
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