Suchergebnisse

The application of Islamic law in a Western country—enforced by Western courts—may cause considerable irritation among many citizens in our countries. There are well-known issues of tension between traditional Islamic rules, especially those relating to Family law, and Western legal convictions. Nevertheless, Islamic law is indeed generally applicable in Germany on two levels. The rules of German Private International Law may lead to such a result; furthermore, an area of—indirect—application opens up within the framework of the so-called "optional" civil law. The task of German courts in such cases is to clarify the limits of public order (public policy) which may prevent the application of provisions contrary to the German legal standard of human rights. After having defined the levels of application of Islamic law in Germany, this article focuses on the Germany court practice concerning "critical" issues of Family law such as the rules on marriage, divorce, maintenance, guardianship, custody and adoption.

This paper is intended as a historical research study on renewal business through technical codification of Islamic law (Taqnin) as well as theoretical implications of the legislation (Tashri') of Islamic law through the political authorities called parliament.The authors conclude that taqnin and tashri' as an instrument of reform in Islamic Law is not something new from if analyzed from a historical perspective.This has been initiated in the past at least by Daulah Abbasiya in the Second Century Hijriyah or Eighth AD, but failed because of a conflict between the political authority (umara) and religion (ulama) in fighting authority of the establishment of Islamic law. This issue over and over again when codification movement and legislation of Islamic law in the modern era has theoretically implicated and it is a rare phenomenon that should be more deeply considering the renewal of Islamic law which is ongoing it contains at least one millennium old historicalvalue.

Front Matter -- About This Book -- 'Sharia' and Law -- The Origins of the Islamic State and Its Legal System -- The Development of the Dogmatics of Islamic Law -- Judgments and Opinions -- Overview of the Areas Governed by Classical Islamic Law -- Further Development and Upheaval from the Thirteenth/Nineteenth Century Onwards -- Methods for Further Development and Examples of Practical Application -- Core Areas of Modern Islamic Law -- Introduction -- India: An Example of a Territory Previously under Muslim Rule -- Canada: An Example of a Typical Immigration Country -- Germany (Also Taking into Account Other European Countries) -- Between Secularisation and Re-Islamisation -- Conclusion: The Search for New Approaches -- The Structure of the Kitāb al-mabsūṭ fī l-furūʿ by the Hanafite Jurist al-Sarakhsī (d. 483/1090) -- Bibliography -- Glossary -- Index of Persons and Terms.

A three-part investigation on the origins and evolving roles that Islamic law and international humanitarian law have played in regulating conflict and violence, War and Law in the Islamic World brings to light legal and policy complexities that plague modern-day armed conflict in the region

Digital humanities has a venerable pedigree, stretching back to the middle of the twentieth century, but despite noteworthy pioneering contributions it has not become a mainstream practice in Islamic Studies. This essay applies humanities computing to the study of Islamic law. We analyze a representative corpus of works of Islamic substantive law (furu'al-fiqh) from the beginnings of Islamic legal jurisprudence to the early modern period (2nd/8th-13th/19th c.) using several computational tools and methods: text-reuse network analysis based on plain-text annotations and html tags, clustered frequency-based analysis, word clouds, and topic modeling. Applying machine-guided distant reading to Islamic legal texts over the longue-duree, we study (1) the role of the Qur'an, (2) patterns of normative qualifications (ahkam), and (3) the distribution of topics in our corpus. In certain instances the analysis confirms claims made in the scholarly literature on Islamic law, in other instances it corrects such claims.

Principles of protection in warfare under Islamic law of warPrinciples of protection in warfare under international humanitarian law -- The "western" self and the other -- The "Islamic" self and the other -- The structure of the legal arguments in Islamic law of war -- The structure of the legal arguments in international humanitarian law.