Issues in Islamic Law: Volume II, 1st Edition (Hardback) book cover

Issues in Islamic Law

Volume II, 1st Edition

Edited by Mashood A. Baderin


694 pages

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Hardback: 9780754628767
pub: 2014-05-20
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Islamic substantive law, otherwise called branches of the law (furÅ«’ al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of ’cultivation’ (istithmār), whereby the qualified jurist (mujtahid), as the ’cultivator’, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of ’fruits’ (thamarāt) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.

Table of Contents

Contents: Introduction. Part I Islamic Family Law: Marriage in Islamic law: the modernist viewpoints, Majid Khadduri; Invalid and void marriages in Hanafi law, J.N.D. Anderson; Equality (kafā’ah) in the Muslim law of marriage, Farhat J. Ziadeh; Mahr: legal obligation or rightful demand?, Mona Siddiqui; Marriage-guardianship and minor’s marriage at Islamic law, Lucy Carroll; Polygamy in traditional and contemporary Islamic law, Doreen Hinchcliffe; Women and divorce: the position of the SharÄ«Ê»ah, Abdul-Fatah Makinde ʼKola; A critical appraisal of ’triple divorce’ in Islamic law, Nehaluddin Ahmad; Tafwīḍ al-Ṭalāq: transferring the right to divorce to the wife, Fareeha Khan; A husband’s authority: emerging formulations in Muslim family laws, Lynn Welchman. Part II Islamic Law of Succession: The role of pre-Islamic customs in the Islamic law of succession, M. Habibur Rahman; The Islamic inheritance system: a socio-historical approach, David S. Powers; The Qur’anic law of inheritance, Richard Kimber; Representational succession in contemporary Islamic law, N.J. Coulson. Part III Islamic Law of Financial Transactions: Negotiating contracts in Islamic and Middle Eastern laws, Mahdi Zahraa; Contracts in Islamic law: the principles of commutative justice and liberality, Hussein Hassan; The concept of musharakah and its application as an Islamic method of financing, Muhammad Taqi Usmani; Islamic laws on riba (interest) and their economic implications, M. Siddieq Noorzoy; The Islamic law of real security, Nicholas H.D. Foster. Part IV Islamic Criminal Law: Islamic criminal law and procedure: religious fundamentalism v. modern law, Matthew Lippman; The concept of ḥadd in Islamic law, Fazlur Rahman; Effective legal representation in ’SharÄ«Ê»ah’ courts as a means of addressing human rights concerns in the Islamic criminal justice system of Muslim states, Mashood A. Baderin. Part V Islamic Judicial Procedure: Muslim procedure and evidence, J.N.D. Anders

About the Editor

Mashood A. Baderin is Professor of Law at the School of Law, SOAS, University of London, UK.

About the Series

Islamic Law

Islamic Law
This series is designed to provide the seminal articles on the development of Islamic Law selected by leading experts in the field, in an accessible format for ease of reference by scholars and graduate students as well as legal professionals. Comprised of three volumes this series will present the best academic research on the development of Islamic Law; its application to international law and human rights law; and its use in different territories and legal systems around the world. Taken together, these 3 volumes will provide a comprehesive and up-to-date survey of Islamic Law.

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Subject Categories

BISAC Subject Codes/Headings:
RELIGION / Islam / Law
SOCIAL SCIENCE / Islamic Studies