Suchergebnisse

Deepening the discussion of the relationship between Islamic law and human rights, this volume gathers leading experts in both fields to examine how each system protects and limits fundamental freedoms. From gender equality to freedom of religion it explores the debate, examining the operation of the law in context.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Acknowledgements -- Series Preface -- Introduction -- Further Reading -- Part I Islamic Family Law -- 1 Marriage in Islamic Law: The Modernist Viewpoints -- 2 Invalid and Void Marriages in Hanafi Law -- 3 Equality (Kafa'ah) in the Muslim Law of Marriage -- 4 Mahr: Legal Obligation or Rightful Demand? -- 5 Marriage-Guardianship and Minor's Marriage at Islamic Law* -- 6 Polygamy in Traditional and Contemporary Islamic Law* -- 7 Women and Divorce: The Position of the Sberi'sh -- 8 A Critical Appraisal of 'Triple Divorce' in Islamic Law -- 9 Tafwid al-Talaq: Transferring the Right to Divorce to the Wife -- 10 A Husband's Authority: Emerging Formulations in Muslim Family Laws -- Part II Islamic Law of Succession -- 11 The Role of Preeoislamic Customs in the Islamic Law of Succession -- 12 The Islamic Inheritance System: A Socio-Historical Approach -- 13 The Qur'anic Law of Inheritance* -- 14 Representational Succession in Contemporary Islamic Law -- Part III Islamic Law of Financial Transactions -- 15 Negotiating Contracts in Islamic and Middle Eastern Laws -- 16 Contracts in Islamic Law: The Principles of Commutative Justice and Liberality -- 17 The Concept of Musharakah and its Application as an Islamic Method of Financing -- 18 Islamic Laws on Riba (Interest) and their Economic Implications -- 19 The Islamic Law of Real Security -- Part IV Islamic Criminal Law -- 20 Islamic Criminal Law and Procedure: Religious Fundamentalism v. Modem Law -- 21 The Concept of Hadd in Islamic Law -- 22 Effective Legal Representation in "Shari'ah" Courts as a Means of Addressing Human Rights Concerns in the Islamic Criminal Justice System of Muslim States -- Part V Islamic Judicial Procedure -- 23 Muslim Procedure and Evidence -- 24 Evidence: From Memory to Archive

Cryptocurrencies have become a significant phenomenon in the global financial world. However, in the context of Islamic law, the question of the validity and regulation of cryptocurrencies remains a complex debate. This research aims to conduct a normative juridical analysis regarding cryptocurrency regulation in Islamic law, focusing on case studies in Indonesia. The research method used is a normative juridical approach, which involves collecting and analyzing legal data from relevant legal sources, such as laws, regulations, and religious fatwas. This legal data is then analyzed using legal arguments and theoretical approaches to understand and explain the legal status of cryptocurrencies in Islam. The research identifies key issues emerging in cryptocurrency regulation in Islamic law in Indonesia, including usury, gharar, maysir, and consumer protection. In this normative juridical analysis, researchers explore existing legal interpretations, relevant legal documents, and views of Islamic scholars and scholars related to the legitimacy and halalness of cryptocurrencies. The results of this study provide an in-depth understanding of how cryptocurrencies can be categorized within the framework of Islamic law, as well as the legal implications arising from the use and trading of cryptocurrencies. The research also identifies loopholes and challenges in cryptocurrency regulation in Islamic law in Indonesia and provides recommendations for the development of more effective regulation and in accordance with Islamic principles.

The issue of intellectual property rights concerns various aspects, as well as the generous (moral copyright) legal thoughts and legal regulations at the legislative situation within a short period of time. However, was this the right roots derived from the revealed legislation confiscation for centuries? Allah says in the Holy Qur'an: "Indeed, it is We who sent down the Qur'an and indeed, We will be its guardian" (Surat Al-Hijr verse 9). We should save Allah's Qur'an from every twist and modification, and the Qur'an sources of Islamic law. This is because it is eternity at every time and place. However, we reassure those who are tempted to doubt the greatness of this religion and its universality by providing infallible proofs. The idea of this research is to establish the copyright moral rights in Islamic law, by taking the advantages and indications which is inspired by the Qur'an and the Sunna. Furthermore, we also considered sahaabah's (Prophet Muhammad companion) unparalleled effort in checking hadiths science, the attributes of the Prophet, the greatest proof of coverage, and the immortality of this religion which is Allah.

Armed conflict, today, has diverged from war as it was known in generations past, and from this, has tested the means by which conflicts and violence are regulated. Written with an eye to a region plagued by such conflicts, War and Law in the Islamic World examines the origins and roles that two distinct systems of governance – Islamic law and international humanitarian law – have played in conflicts past and present. Meant equally for the scholar or student, this book presents the legal and policy complexities of today's conflicts in a new light through its careful and well-researched investigation of the past and the present.

Khaled Abou El Fadl's book represents the first systematic examination of the idea and treatment of political resistance and rebellion in Islamic law. Pre-modern jurists produced an extensive and sophisticated discourse on the legality of rebellion and the treatment due to rebels under Islamic law. The book examines the emergence and development of these discourses from the eighth to the fifteenth centuries and considers juristic responses to the various terror-inducing strategies employed by rebels including assassination, stealth attacks and rape. The study demonstrates how Muslim jurists went about restructuring several competing doctrinal sources in order to construct a highly technical discourse on rebellion. Indeed many of these rulings may have a profound influence on contemporary practices. This is an important and challenging book which sheds light on the complexities of Islamic law and pre-modern attitudes to dissidence and rebellion

In what ways has Islamic law discriminated against women and privileged men? What rights and power have been accorded to Muslim women, and how have they used the legal system to enhance their social and economic position? In an analysis of Islamic law through the prism of gender, Judith Tucker tackles these complex questions relating to the position of women in Islamic society, and to the ways in which the legal system impacted on the family, property rights, space and sexuality, from classical and medieval times to the present. Working with concepts drawn from feminist legal theory and by using particular cases to illustrate her arguments, the author systematically addresses questions of discrimination and expectation - what did men expect of their womenfolk - and of how the language of the law contributed to that discrimination, infecting the system and all those who participated in it